STUDENT RIGHTS AND RESPONSIBILITIES
STUDENT BEHAVIOR
Each student is held responsible for his/her personal action. The Millwood Board of Education believes the right to attend Millwood Public Schools carries with it the obligation to maintain acceptable behavior.
The common standard against which behavior is measured is that which is conducive to learning and a contribution to the general purpose and welfare of the school. Behavior other than those described below may also constitute unlawful or prohibited acts:
1. Fighting will not be tolerated at school, on school buses, or at school sponsored activities, function, or events.
2. Possession or use of tobacco is not permitted in school buildings, on school campuses, on the buses, or at school sponsored activities, functions, or events.
3. 'The possession, use, transmittal, or being under the influence of any alcoholic beverage or drug is not permitted on school property or at school sponsored activities, functions, or events.
4. Any show of disrespect by word or action toward any staff member is prohibited.
5. Profanity and vulgarity are prohibited.
6. The possession display, use and/or carrying of a dangerous weapon, a replica, or an unauthorized item is prohibited. Knowledge of others possessing dangerous weapons shall be reported to a teacher and/or principal.
7. Defiance that may threaten the general discipline of the school or classroom is prohibited.
8. Parents and students are responsible for ensuring compliance of Millwood Public Schools Uniform Dress Code. Pants must fit and be worn at the waist. Any wearing of apparel which, in the opinion of the principal, is associated with gangs and/or drugs and/or becomes disruptive to the educational process will be banned. The wearer of such apparel shall be subjected to administrative disciplinary action.
9. A student who steals, maliciously destroys or defaces school property will be expected to make restitution as part of the penalty for such action. Malicious destruction cases may also be referred to the Police Department under the Oklahoma School Law.
10. Loitering in school buildings or upon school grounds is prohibited. Any person loitering is subject to administrative action.
11. The possession or use of wireless electronic communication devices by students on school property or at school sponsored activities, functions, or events is prohibited without prior written consent of both the parent or guardian and the principal. This includes (but Is not limited to) pagers, cellular phones, and other communication equipment which has potential to be disruptive to the educational process. Items intended to look like or simulate such devices are also prohibited.
12. The exploding of fireworks, causing a false alarm, or causing a false bomb alert is considered conduct which substantially disrupts the operation of school and is subject to administrative and/or legal action.
13. The act of extortion is defined as obtaining something of valued from an unwilling person by either physical force or intimidation. This act substantially invades the rights of others and is subject to both administrative and legal action.
14. Rules and regulations concerning school sponsored activities apply to all students attending school functions held on school grounds, in school buildings, or at other facilities.
15. Students may not hold membership or participate in an unauthorized organization on school property or at school sponsored activities.
16. Student walkouts, boycotts, and any unauthorized holiday will not be permitted or recognized. Once a student arrives at school, it is the student's responsibility to remain as long as she/her has classes scheduled or is required to do so. Any violation of this nature will be dealt with promptly and firmly.
UNIFORM DRESS STANDARDS
The Millwood Board of Education recognizes its inherent responsibility to provide an environment conducive to effectively addressing the holistic needs of children and youth. The school board is committed to providing a free comprehensive public education to all resident students.
The district will further its efforts to develop within the school a strict academically focused learning environment with emphasis on developing a positive self esteem for all students. In doing so, the school superintendent shall develop, implement, and evaluate programs, practices, and procedures to counter the negative impact of prevailing social distractions that adversely affect student achievement of cognitive and meaningful affective learning.
In an effort to minimize extraneous social factors and maximize academic focus and instructional time at task, the school district's dress code will reflect a uniform standard of dress for all students in grades kindergarten through twelfth grade.
The responsibility of proper dress and grooming will rest solely on the family and the student. Students shall dress in a uniform fashion generic attire approved by the district. Such a dress standard shall establish a continuity of dress and eliminate the competitive dress. Only apparel meeting district approval will be considered as being in compliance with the standard. Pants must fit and be worn at the waist.
SCHOOL BUS REGULATIONS
The behavior of students on school buses is a concern of everyone working with student transportation. Maintaining open and adequate channels of communication is essential if discipline problems are to be understood and solved.
It is the authority of school boards to enforce regulations governing student conduct. The rule is well established by many cases that school authorities may govern the conduct of students while off the school grounds and out of school hours. A board of education may discipline a student for any act, no matter where or when it is committed, provided that the act tends immediately and directly to destroy the discipline and impair the efficiency of the school.
Transportation to and from school is a privilege which can be terminated (per Attorney General's Opinion). Parents will be notified if misconduct is continued. The student's privilege to ride the bus may be suspended by school authorities.
Only students of the district and persons authorized in writing by a school administrator may ride the bus to and from school or a school sponsored activity. Students are not to ride to and 18from school on different buses for social purposes.
Regulations for Riders
1. Be at designated school bus stops five minutes before scheduled pick up. Buses will not wait. Students shall respect the property and rights of all property owners.
2 . Stay off the road while waiting for the bus. Bus riders should conduct themselves in a safe manner while waiting.
3 . Wait until the bus comes to a complete stop before attempting to board the bus. Line up in an orderly, single-file manner. Do not rush or push .to get on the 'bus.
4 . Be courteous. Do not take advantage of other children in order to get a seat.
5 . If there is no sidewalk or path, it is recommended that students walk to the side of the road facing traffic to get to-the bus stop.
6 . Use the hand rail and watch step when boarding the bus.
While on the Bus
1. Keep hands and head inside the bus at all times
2. Assist in keeping the bus safe and sanitary at all times.
3. There should be no eating or drinking, loud talking, smoking, or unnecessary confusion at any time while on the bus. This diverts the driver's attention and may result in a serious accident.
4. Treat all bus equipment with respect. Damage seats, etc., must be paid for by the offender.
5. Never tamper with the bus or any of its equipment.
6. Do not leave books, lunches, or other articles on the bus.
7. Keep books, packages, coats and all, other objects out of the aisles at all times. No animals of any type are allowed on buses at any time.
8. Remain in the bus in. case of road emergency unless directed to do otherwise by the bus driver.
9. Always remain in your seat while the bus is in motion.
10. Always be courteous to fellow students, the bus driver, and to passerby.
11. Keep absolutely quiet when approaching a railroad crossing.
12 . The driver is responsible for controlling the bus riders. His/her directions must be obeyed promptly at all times.
USE OF SCHOOL-OWNED PROPERTY
Building administrators may allow students to use school-owned property when it is connected to school studies, co-curricular, or extracurricular activities. A reasonable fee, not to exceed the actual maintenance cost, for the use of musical instruments and uniforms owned
or rented by the district will be charged.
CARE OF SCHOOL PROPERTY
Students shall be responsible for the proper use and care of school property. The parents or legal guardians of a student will be responsible for the payment of damages of school property.
All lost or damaged materials must be paid for before the end of the school year in which the loss or damage occurs or before a student officially withdraws from the school district.
Students in the 12th grade who have not fulfilled these obligations will be denied a cap and gown and the privilege of participating in the graduation ceremonies of the class.
FINANCIAL OBLIGATIONS
Students and parents are held financially accountable for any and all monetary debts they incur. Obligations will result from any losses to the district including (but not limited to) the following: lost and/or badly damaged books, lost or damaged locks, damage to any school property, debts to the library or cafeteria, unpaid school pictures, missing athletic uniforms and/or equipment, and missing band uniforms and/or instruments. Students will be penalized for unresolved obligations. Outstanding financial obligations are placed in the student's file and carried from school year to school year until paid.
SCHOOL SUPPLIES
Teachers will provide information concerning supplies and materials needed for school. Each student is responsible for, furnishing his/her own pencil, pens, paper, and -notebooks as well as any other materials needed for school.
RIGHT OF DUE PROCESS
When students are referred to the administration for violations of board policies, discipline codes, or criminal acts, the administrator will afford the student due process.
Placement in an alternative classroom (in school suspension) or alternative program will be considered by the administrator prior to issuing a ,suspension. The .nature of the offense and the level at which the student is within the school's discipline plan may be determining factors.
Students will be given class work from the students' core curriculum. course to complete if a suspension is longer than five days.
Short-Term Suspension
A short-term suspension; also called summary suspension, is from one (1) to ten (10) days. The length. of the suspension will be appropriate for the severity of the violation. The gathering and presentation of evidence for the short-term suspension is an informal process. The minimal requirement of due process can be satisfied when the student is told and shown in writing what she/he is accused of doing, what the factual basis of the accusations are, and given the opportunity to explain his/her version of the facts.
Right to Appeal
Students suspended out-of-school for ten (10) days or less may appeal the decision to the school's discipline committee, a tribunal of two (2) teachers and one (1) administrator. The committee shall determine the guilt or innocence of the student and the reasonableness of the term of the out-of-school suspension. Most hearings may be held before or after school. The decision of the tribunal is final on short-term suspensions.
Long-Terra Suspension
A long-term suspension is any suspension which exceeds ten (10) school days. The severity of the violation will determine if the suspension will extend to the remainder of the semester or to the end of the next succeeding semester.
Before along-term suspension takes effect the student is entitled to an evidentiary due process hearing to determine the facts of the case. and for the hearing officer to determine the guilt or innocence of the accused student.
Parents will be contacted by phone or U.S. mail. A formal evidentiary hearing will be scheduled for the purpose of allowing the student and parent/guardian(s) the opportunity of hearing the evidence within three (3) days.
Level One
This hearing is referred to as an evidentiary hearing or administrative hearing and is presided over by the principal or assistant principal.
a. Charges will be presented in writing.
b . Reasons for the hearing will tie stated in line with the discipline code.
c . Supportive evidence will be presented
d. Student testimony will be heard.
e. If the evidence warrants, the student will be disciplined In line with the discipline code.
Level Two
If the parents/guardians are not satisfied with the Level One decision, the case may be taken to the next administrative level, Level Two. The written appeal must be made within three (3) days after the Level One decision is made. The superintendent or superintendent designee will be the hearing officer.
Level -Three
The final appeal, Level Three, within the district is to the Board of Education. The Board will only hear a case when the student appeals a Level Two decision. Request for a Board hearing must be submitted within three (3) days after the Level Two decision. The appeal for a hearing with the Board must be in writing to the clerk of the Board. The request should be. left in the superintendent's office.
The decision of the Board of Education is final within the district.
The Board will:
a. Uphold the decision of the administrator, or
b. Modify the administration's decision, or
c. Overturn the decision of the administration
At all hearings, the student and his/her parents or legal guardians will have the opportunity to present his/her side of the case and question any witnesses present. The student may or may not be represented by professional counsel; however, the parent/guardian(s) must be present at all hearings unless-the student is self-supporting. All necessary school personnel will be present. at the hearing to present the school's position.
A student charged with a serious offense may be suspended until the time of the hearing. Students. found innocent of the charge will be given the opportunity to make up any classroom work missed.
When students/parents-guardians are appealing a decision at any level, the appellant/appealer must state specifically what they are appealing:
a. Guilt or innocence of the student
b . Punishment administered by the administrator
DISCIPLINE
Control and Discipline of a Child
The teacher of a child attending a public school shall have all the same rights as a parent or guardian to control and discipline such a child during the time the child is in attendance or in transit to or from school or any other school function authorized by the school district or classroom presided over by the teacher.
Any and all assaults upon school district. employees by parents, students, or family, etc., will be reported immediately to the superintendent of schools. The assault, battery, assault and battery, or aggravated battery or aggravated assault and battery of a school employee in performance of any duty as a school employee is punishable by imprisonment and/or fine.
Students in the Millwood Public School District are guaranteed the right to a public education. The U.S. Supreme Court has held, that a student may not be deprived of the right without adherence to procedural due process. It is the responsibility of the Millwood staff to ensure that no student is arbitrarily denied his/her right to an education. It is the responsibility of students, however, to conduct themselves in a manner that does not threaten, interfere, or deprive other students of their right to an education.
Corporal Punishment Prohibition
The use of corporal punishment, defined as any act of physical force on a student for the purpose of punishment, is not acceptable in the Millwood Public School District and will not be tolerated as a disciplinary measure by district employees.
Search of School Property
Pupils shall not have any reasonable expectation of privacy towards school administrators or teachers in the contents of a school, locker, desk, or other school property. School personnel shall have access to school property in order to properly supervise the welfare of pupils. School lockers, desks, and other areas of school facilities may be opened and examined by school officials at any time and no reason shall be necessary for such search.
Interrogation and Searches
When there is reason to believe that weapons, contraband, illegal, and/or prohibited items are on a student's person, the superintendent, principal, and/or and assistant principal or designee may authorize a search of the student's outer clothing for the purpose of removing such items.
At least one of the following reasons must exist for probable cause of any search:
1. Will have received reliable information from an individual that he or she had actually seen a weapon, narcotics, contraband, illegal, and/or prohibited items recently in the possession of the student to be search; or
2. Will have personally observed a weapon, narcotics, contraband, illegal, and/or prohibited items in the possession of the student to be search; or
3. Will possess information that the student admitted possession of the weapon, narcotics, contraband, illegal, and/or prohibited items and gave its location.
In any search the removal of a student's underwear is prohibited.
During any authorized search the principal and/or assistant principal or designee will be present along with two other adult employees of the school. All will be of the same gender as the student being searched and such search will be conducted in an appropriate, private area.
The reasonableness of a search of public school students in terms of the Fourth Amendment requires a balancing of the individual's rights against those of society taking into account all of the circumstances. Factors to consider in making such determination:
1. The duties and responsibilities of the school officials with the primary purpose and justification being the protection of health, safety, and welfare of students, faculty, school property, and the educational process
2. The student's age and conduct record
3. The necessity of conducting a warrantless search
Search and/or seizure by law enforcement officials will occur only when a warrant exists authorizing such a search and/or seizure.
When there is reason to believe that weapons, narcotics, contraband, illegal, and/or prohibited items are located in a student's desk, locker, or other assigned property, and there is reason to believe a student is using the desk, locker, or automobile in such a way as to endanger his/her health or safety, or the health, safety, and right of others, the principal and/or an assistant principal or designee may authorize a search of such property for the purpose of removing such items.
Emergency situations may necessitate a search with or without the student's knowledge or consent. Whenever possible, the student should be aware of and involved in a search of such property so assigned. In the absence of the student, a second party will witness any search.
Student Conduct Off School Grounds
Students are subject to discipline, up to and including long term suspension, for misconduct even if such misconduct occurs off school property and during non-school time. Students may be referred by any school employee for misconduct.
Such discipline may result:
*if the incident was initiated in the school building or on school grounds; or
*if the incident occurred or was initiated off school grounds and on non-school time; and
*if after the occurrence there was a reasonable likelihood that return of the student would contribute to a disruptive effect on the school's educational program or threaten the health, safety, or welfare of students and school property.
Examples of the type of off school property misconduct that may result in such discipline include (but are not limited to):
*use, possession, sale, or distribution of dangerous weapons, including knives or guns, or look alike facsimiles, or any item that may be used as a weapon,
*use, possession, sale, or distribution of controlled substances and or synthetics,
*use of physical force, verbal threats to do bodily and/or property harm.
Discipline up to and including long-term suspension may be imposed if it is determined that a student's:
*use, possession, or sale of controlled substances or synthetics in the community has a reasonable likelihood of endangering the safety of students or employees because of the possibility of sales in the school;
*use of any item used as a weapon with violent intent for injury (guns, etc.), or violent conduct in the community presents a reasonable likelihood of repeating itself in the school environment; or
*similar type of misconduct in the community has a reasonable likelihood of being continued or repeated in school or bringing retaliation or revenge onto the school scene for such misconduct off school grounds.
Off Campus Activities and Position of Leadership
1. Students who are on suspension cannot participate in off campus activities for the duration of the suspension.
2. Students who have been suspended for more than five (5) days will be excluded from participating in field trips or off campus activities for the remainder of the school year.
3. Students who hold offices in class or club organizations and get suspended from school for a total of five (5) or more days or who move beyond discipline level one will lose the privilege of being an officer for the remainder of the school year.
The policy pertains to students who plan to be kings, queens, escorts, etc.
THERE WILL BE NO CARRYOVER FROM YEAR TO YEAR.
Use of Wireless Communication in School (Paging Devices/Electronic Communication Devices)
Students shall not possess a "paging device" or electronic communication device while on school property or while attending a school sponsored activity on or off school property without prior written consent of both the parent or guardian and the principal. A "paging device" is a telecommunications device that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor or any other similar function item designed as clocks, watches, etc.
Circumstances that will be considered included, but not limited to:
1. Medical emergency (Physician verification required.)
2. The device is deemed necessary for the student's safety while commuting between home and school.
3. The device is turned off and is unable to receive in-coming communication while in the possession of the student.
4. The device is attached to an automobile as equipment or an accessory. Such permission will be granted for the current school year.
A person who discovers a student in possession of a paging device, beeper, or other electronic device in violation of this policy shall report the violation to the principal, who shall confiscate the device. Students found to be in possession of a wireless telecommunications device in violation of the rules shall be subject to disciplinary action.
Students who are discovered to be in possession of a wireless telecommunications device shall surrender the device to the principal or designee and may be placed in the alternative classroom up to 10 days for the first occurrence. Students who repeat the policy violation may be suspended up to a full semester.
Principals shall be required to communicate with the parents of students relative to the serious nature of the offense and the likelihood of more serious disciplinary consequences upon the next occurrence.
GANG ACTIVITY OR ASSOCIATION
Gangs which initiate, advocate, or promote activities which threaten the safety or well-being of persons or property on school grounds or which disrupt the school environment or school community are harmful to the educational process. The use of verbalization, hand signals, codes, graffiti, or the presence of any apparel, jewelry, accessory, or manner of grooming which by virtue of its color, arrangement, trademark, symbol, or any other attribute which indicated or implies membership or affiliation with such a group, presents a clear and present danger. This is contrary to the school environment and educational objectives and creates an atmosphere where unlawful acts or violations of school regulations may occur.
Incidents involving initiations, hazing, intimidations, and/or related activities of such group affiliations which are likely to cause bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm to students are prohibited.
The superintendent will establish procedures and regulations to ensure that any student wearing, carrying, or displaying gang paraphernalia, or exhibiting behavior or gestures which symbolize gang membership, or causing and/or participation in activities which intimidate or affect the attendance or well being of another student shall be subject to disciplinary action.
The superintendent will provide in-service training in gang behavior and characteristics to facilitate staff identification of students "at-risk" and promote membership in authorized school groups and/or activities as an alternative.
The type of dress, apparel, activities, acts, behavior, or manner of grooming displayed, reflected, or participated in by the student shall not:
-Lead school officials to reasonably believe that such behavior, apparel, activities, acts, or other attributes are gang related and would disrupt or interfere with the school environment or activity and/or educational objectives;
-Present a physical safety hazard to self, students, staff, and other employees;
-Create an atmosphere in which a student, staff, or other person's well-being is hindered by undue pressure, behavior, intimidation, overt gesture, or threat of violence; or
-Imply gang membership or affiliation by written communication, marks, drawing, painting, design, emblem upon any school or personal property or on one's person.
If the student's behavior or other attribute is in violation of these provisions, the principal or designee will request the student to make the appropriate correction. If the student refuses, the parent/guardian may be notified and asked to make the necessary correction. The principal will take appropriate corrective and disciplinary action.
Students Identified as being gang involved, influenced, or affiliated will be provided assistance, and/or programs which discourage gang involvement or affiliation, enhance self-esteem, encourage interest and participation in school or other positive activities, and promote membership in authorized school organizations.
Training to provide increased awareness of the threat to the safety of students, staff, and school property which gang-related activity poses, shall be provided by security on an as-needed basis. Additional presentations will be made available to individual schools, staff, or students at the request of the principal. Presentations will provide training in current identification symbols used by those involved in gang-related activity and will include things such as the identification of hand signals, apparel, jewelry, and/or any other pertinent gang-related information.
DANGEROUS WEAPONS
The use, display, possession, and/or the carrying of dangerous weapons or replica by students, employees, or others, either in a vehicle or about the person when on district property, at a school sponsored activity, or on a school bus is prohibited. Dangerous weapons include (but are not limited to) automatic or semi-automatic weapons, rifles, shotguns, any pistols, revolvers, b.b. guns, pellet guns, or any imitation firearm; daggers, bowie knives, dirk knives, switchblade knives, spring type knives, swords, and knives having a blade which opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, manually operated pocketknives, box knives, utility or scouting type knives; ammunition clips for automatic weapons; blackjacks; loaded canes, billy hand chains, metal knuckles, pipes; chemicals; or any offensive weapon or device capable of discharging or throwing projectiles, whether loaded or unloaded; or objects considered dangerous or capable of inflicting serious bodily harm. Police will be allowed to carry weapons in the performance of their duties.
If a teacher or other school employee should find a student in possession of a dangerous weapon, she/he shall secure the safety of the other students and notify the principal. If safety permits, the weapon should be confiscated. The principal shall notify the police department and the superintendent of schools.
A student acting in an aggressive or belligerent manner with any article will be administratively judged to be in possession of a weapon. Disciplinary action will be taken.
Secondary school students (grades 6 through 12) in violation of this policy shall be given a longterm suspension. The facts surrounding the misconduct, as determined at the evidentiary hearing, will determine the length of the suspension period. That time may include the balance of the semester in which the infraction occurs and the succeeding semester.
Elementary students (grades Pre-K through 5) in violation of Board Policy J-28, Dangerous Weapons, are subject to a short-term suspension or a long-term suspension as determined at the evidentiary hearing.
Any student who aids, knowingly accompanies, assists, or participates with another student who uses, displays, or possesses a gun or another weapon as defined in Board Policy J-28, Dangerous Weapon, may be subject to suspension for a time determined by the principal. Such time may Include the balance of the semester in which the infraction occurred and the succeeding semester.
Administrators or other delegated school officials will confiscate any article identified as a weapon in Board Policy J-28, Dangerous Weapon. All confiscated weapons will be turned over to the police department.
When a violation occurs, the principal will notify the parent/guardian. The student will be suspended up to ten (10) days pending an evidentiary hearing to determine the length of the suspension.
SMOKE FREE ENVIRONMENT
The Surgeon General has determined that smoking is dangerous to health. Students are urged to abstain from the expensive and injurious habit of smoking.
Smoking inside the building or any other areas on campus is strictly prohibited. A five (5) day suspension is automatic on the first occurrence. Under no conditions will students be allowed to smoke on campus or at school activities.
Any minor being in possession of cigarettes, cigarette papers, cigars, snuff, chewing tobacco, or any other form of tobacco product and being by any police officer, constable, juvenile court officer, truant officer, or teacher in any school, asked where and from whom such cigarettes, cigarette papers, cigars, snuff, chewing tobacco, or any other form of tobacco product were obtained, who shall refuse to furnish such information, shall be guilty of a misdemeanor and upon conviction thereof before the district court, or any judge of the district court, such minor being of the age of sixteen (16) years or upwards shall be sentenced to pay a fine not exceeding five dollars ($5.00) or to undergo an imprisonment in the jail 9f the proper county not exceeding five (5) days, or both; if such minor shall be under the age of sixteen (16) years, he or she shall be certified by such magistrate or justice to the juvenile court of the county for such action as said court shall deem proper.
DRUG FREE SCHOOLS
The Drug-Free Schools and Community Act Amendment Section 5145 of the Drug Free Schools and Community Act Amendment of 1989 (P.L. 101-226) will be adhered to and complied with in that:
The unlawful possession, use, or distribution of illicit drugs and alcohol by students on school premises or as part of any of its activities is wrong and harmful. School authority shall immediately turn over any controlled dangerous substance removed or otherwise seized from any minor or other person, to a law enforcement authority for appropriate disposition. Students who violate the standard of conduct will have imposed on them disciplinary actions consistent with local, state, and federal laws, up to and including expulsion and referral for prosecution.
VIOLENCE FREE SCHOOLS
Fighting will not be tolerated at school, on school buses, or at school sponsored activities, function, or events. Defiance that may threaten the general discipline of the school or classroom is prohibited. Any show of disrespect by word or action toward any staff member is prohibited.
The assault, battery, assault and battery, or aggravated battery or aggravated assault and battery upon a school employee while such employee is in performance of any duties as a school employee is punishable by imprisonment and/or fine.
