• DISCIPLINE

    Self-discipline is the tendency to behave in ways that are mutually beneficial to oneself and others. The ultimate goal of our discipline philosophy is to develop self-discipline in each child. Self-discipline is nurtured every time a teacher or parent treats a child with civility, dignity, and respect, all within a framework of positive expectations. Each of our elementary schools has a PBIS (Positive Behavior Interventions and Supports) plan specific to their school’s needs.

    School discipline plans focus on promoting children’s safety, developing their self-discipline and appropriate social skills, and creating an environment for learning. We have high expectations for our students’ behavior and we will do all we can to help them meet the expectations. Please read the Code of Conduct for Students, link on line and located at the end of this handbook which has been adopted by the Board of Education for all students in the Worthington School District. A complete copy of the district’s Code of Conduct, along with the sections on Due Process, Suspension and Expulsion is available for your review in our school office at any time, as well as on the Worthington School District’s website. There are specific disciplinary procedures that apply to the cumulative total of suspension days beyond 10 for special education students. Specific procedures are also followed when there may be an expulsion of a special education student. The school district must follow these specific procedures for students identified as disabled under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. Details and further information related to these specific disciplinary procedures as defined by federal and state laws may be obtained by contacting the school district Director of Special Education Services at 614-450-6020.

    STUDENT CONDUCT

    Grounds for Suspension, Expulsion, Emergency Removal or Other Disciplinary Action

    Violation on the part of a student of any one or more of the following rules shall constitute misconduct and may result in the suspension, expulsion, emergency removal, or other discipline of a student. These Student Code of Conduct regulations are applicable to conduct while school is in session, at school-sponsored activities or events whether on or off school premises, at events in which the District participates whether on or off school premises, off of property owned or controlled by the District but that is connected to activities or incidents that have occurred on property owned or controlled by the District, on school premises whether or not school is in session, in any vehicle whose use is controlled, organized, or arranged by the District, or at any time the student is subject to the authority of the Board or school district personnel. In addition, a student may be subject to school disciplinary action, including suspension or expulsion, for harassment, vandalism, physical abuse or other conduct directed toward school personnel and/or toward school personnel’s property, during school or nonschool hours, regardless of where it occurs.

    Student attendance at after school co-curricular events is a privilege. Any pupil may be removed from such events for engaging in disruptive conduct, for violation of the student code of conduct or for conduct posing a danger to persons or property. Any student removed from co-curricular events may be barred from attendance at future events for the remainder of the school year. 1. Absence and Truancy A student shall not be late or absent from school or any portion of a school day without proper authorization. 2. Abuse of Computer Hardware and/or Software A student shall not abuse the school district's hardware or software including, but not limited to, the following: tampering with computers or computer programs (whether such programs are commercially prepared or belong to another student or faculty member); using equipment to make unauthorized or illegal duplicate copies of computer software; damaging or destroying computers, computer hardware or software; or using computer phone or computer mail network facilities of the school district for purposes unrelated to the instructional program of the district unless written permission from the superintendent or the superintendent's designee has been obtained.

    3. Alcoholic Beverages and Drugs

    A student shall not possess, use, sell, offer to sell, conceal, transmit or be under the influence of any alcoholic beverage or illegally used drug including steroids, counterfeit (look-alike) drugs, or controlled substances (hereafter, Prohibited Substances) or otherwise violate Policy (JFCH/JFCI/JFCIA) "Drug and Alcohol Abuse by Students". "Possession" includes, but is not limited to, retention on the student's person or in a purse, wallet, locker, desk, or vehicle. It also includes being a passenger in a vehicle in which the student knows, or should reasonably have known, that any prohibited substance is present. Students acting together with students who are known to have possession of prohibited substances may be deemed to also have possession of such prohibited substances unless such students remove themselves immediately and/or report the offense at the earliest possible time. A student shall not wear or possess clothing, jewelry, personal possessions, publications, or other items or materials which depict or infer drugs or alcohol.

    3A – Use or Possession

    1st Violation – 5 day out of school suspension (suspension may be reduced to 2 days with completion of Student Assistance Program). Loss of privileges for 15 school days after the suspension, including attendance at after school co-curricular events and activities, and driving privileges. Police Report. 2nd Violation – 10 day out of school suspension (suspension may be reduced to 5 days with completion of Student Assistance Program). Loss of privileges for 30 school days after the suspension, including attendance at after school co-curricular events and activities and driving privileges. Police Report.

    3rd Violation – 10 day out of school suspension with recommendation for expulsion. Police Report.

    **Special Note: See Discipline Action Chart for more details and note that if a student disregards the loss of privilege consequence, the penalty is doubled.

    3B – Selling or Distributing

    Violation – 10 day out of school suspension with possible recommendation for expulsion. When the sale or distribution are especially egregious and pose a greater safety threat to students, administration reserves the right to determine a lengthier suspension or recommends expulsion based on the facts of the case. Loss of privileges for 45 days after the suspension or expulsion, including attendance at after school co-curricular events and activities and driving privileges. Police Report.

    3C – Failure to Remove and/or Report

    These are violations that are disruptive to the educational process or may cause harm to other persons or property. Students have an obligation to remove themselves immediately and/or report the offense at the earliest possible time when prohibited substances are in possession of students. Failure to remove and or report may result in level two disciplinary consequences which include Saturday Detention, Alternative Learning Site or Out of School Suspension.

    4. Assault

    A student shall not knowingly or with reckless disregard cause physical injury or threaten to cause physical injury to any person.

    5. Cheating and Plagiarism (Academic Dishonesty)

    A student shall not obtain by fraudulent, dishonest or deceptive means and use as his/her own (or provide to another student, teacher or parent) the work, work product, questions on or answers to examinations, or any like matters or violate the reasonable requirements of a teacher with respect to the conduct and taking of examinations or the completion of other course assignments.

    A student shall not use the written work of any other person or parts or passages of such other person’s writings, or ideas of such other person and hold them out as or represent them to be the product of his/her own mind.

    Under the Ohio Administrative Code, most of the materials used to administer state tests are considered “secure test materials.” Secure test materials include test booklets, English and Foreign Language CD’s, completed answer documents and other materials that
    contain student information or responses. Students involved in cheating on their own tests in any manner, releasing any test question or other content of a test to any student or students, or assisting students to cheat in any way may be punishable by invalidation of test scores, suspension, expulsion and/or prosecution.

    6. Conduct on Buses

    A student shall not violate Board Policy and Regulation (EEACC) "Student Conduct on School Buses."

    7. Damage to Private Property

    A student shall not knowingly or with reckless disregard cause or attempt to cause damage to private property.

    8. Damage to School Property

    A student shall not knowingly or with reckless disregard cause or attempt to cause damage to or deface school property including, but not limited to, buildings, grounds, equipment, materials, or computers or other technology. In accordance with State law, parent(s) may be liable for payment for the cost to repair or replace any such property damage caused by the acts of their children.

    9. Dangerous Weapons

    A student shall not possess, transport, transmit, conceal or attempt to possess, transport, transmit or conceal a dangerous weapon, firearm, knife, explosive ordnance, stun gun, Taser gun, other dangerous instrument, or "look-alike" counterfeit weapon, firearm, knife, ordnance or dangerous instrument. "Look-alike" weapons, firearms, knives, ordnance or instruments include, but are not limited to, any object a reasonable person might consider under the circumstances a dangerous weapon, firearm, knife, explosive ordnance or dangerous instrument.

    As used herein, "firearm" shall be defined as in 18 USC section 921 and shall include, but not be limited to, any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or other propellant; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device as defined in 18 USC section 921 et seq. The definition of destructive device includes, but is not limited to, (1) any explosive, incendiary, or poisonous gas including, but not limited to, a bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or a device similar to any of the devices described herein or (2) any combination of parts either designed or intended for use in converting any device into any destructive device described herein and from which a destructive device may be readily assembled.

    As used herein, "knife" shall be defined as any instrument that possesses a pointed or sharp-edged blade of metal or other rigid material and that is designed or can be used for cutting, slicing or stabbing: this definition shall include, but is not limited to, straight razors, utility knives, box cutters, ice picks, pocket knives, switchblades and buck knives.
    Nothing in this provision is intended to, nor shall it, preclude the Superintendent from suspending, expelling or removing a student in accordance with Ohio law for otherwise possessing, transmitting or concealing a weapon, explosive ordnance, or other dangerous instrument that is not as just defined herein.

    10. Harassment, Bullying, Intimidation or Other Degrading, Disgraceful, Discriminating, and/or Racist Acts

    A student shall not harass, bully, intimidate, degrade, disgrace, disparage, incite, urge, provoke, threaten, discriminate, or cause mental or physical harm against any other student or school employee or otherwise disrupt the school environment. For this purpose, harassment, bullying or intimidation includes, but is not limited to: slurs; displaying inappropriate images or text; profanity; written information; stalking; relational aggression; cyber-bullying; denigrating remarks or actions; obscene gestures; the wearing or display of inappropriate insignia, signs, buttons, clothing or apparel; or other verbal, nonverbal or physical conduct including, but not limited to, those based on race, color, national origin, ancestry, citizenship, religion, sexual orientation, handicap, age or sex that are harassment as defined in Board Policy and Regulation on "Prohibition of Harassment" or that have the purpose or effect of being severe, persistent or pervasive enough to create a situation of (1) causing or intending to cause any other student or school employee to be reasonably placed in fear of his/her personal safety; (2) reasonable fear of damage to students property; (3)causing or intending to cause a hostile, intimidating, threatening or an offensive/abusive educational environment for any other student or school employee; (4) causing or intending to cause material disruption of the educational process; (5) unreasonably interfering with a student's curricular , co-curricular or extracurricular performance or (6) otherwise adversely and unreasonable impacting upon a student's educational opportunities. These are violations that are disruptive to the educational process or may cause harm to other persons or property. A form of harassment as defined by law is dating violence. It is defined as a pattern of behavior where a person uses or threatens physical, sexual, verbal or emotional abuse to control the person’s dating partner. While at school or at a school event no student shall demonstrate behaviors that would be interpreted as a form of dating violence. Students have an obligation either (1) to intervene to stop the harassment, bullying, or intimidation; or (2) if intervention is not feasible, to report the harassment, bullying, or intimidation immediately. School personnel are required to report prohibited incidents of which they are aware to the school principal or designee. Parents or guardians of any student involved in a prohibited incident will be notified. Information provided to parents/guardians will be given, to the extent permitted by privacy requirements and applicable law. Procedures for documenting, investigating and responding to alleged prohibited incidents will include a disciplinary procedure for any student the school reasonably suspects of harassment and a strategy for protecting a victim from additional harassment, intimidation, bullying, or retaliation following the report. District administration will provide semiannually to the president of the district board, a written summary of all reported incidents and post on the district web site.

    11. Disruption
    A student shall not knowingly or with reckless disregard act or urge other students or persons to act in such a way as to cause by use of violence, force, noise, threat, intimidation, fear, passive resistance or any other conduct, the substantial and material disruption of obstruction of any lawful mission, process or function of the educational process of the school district, but not limited to, curricular and extracurricular activities.

    12. Disruptive Demonstration

    A student shall not violate Board policy JFI, Student Demonstrations and Strikes.

    13. Dress and Expression

    A student shall not violate Board Policy and Regulation JFCA "Student Dress Code".

    14. Driving

    A student shall not drive or park on school premises in violation of Board Policy and Regulation JHFD "Student Automobile Use" or when his/her privileges to drive or park on school premises have been revoked.

    15. READ THE Electronic/Network Acceptable Usage Policy in the Technology Section

    16. Fighting

    A student shall not engage in physically or verbally abusive or provocative activities or conduct directed toward another person which leads or, under the circumstances could lead, to harm to such person or bystander. Spectators are subject to disciplinary action if they are viewed to instigate, prolong or heighten a situation.

    17. Frightening or Intimidating Acts

    A student shall not engage in any act or conduct which, under the circumstances, a reasonable person would believe does or is intended to frighten, intimidate, bully, harass, or otherwise cause harm to the person toward whom the act or conduct is directed. Students are expected to be tolerant of individual differences. A student shall not knowingly or with reckless disregard engage in any act or conduct which causes another person to reasonably believe that such student will cause physical harm to the person or property of such other person.

    18. Gambling

    A student shall not engage in any form of gambling.

    19. Hazing

    A student shall not subject any other students to abusive or ridiculous activities or harass any other student with unnecessary or disagreeable tasks. Students shall not plan, encourage or participate in any form of hazing. Hazing is defined as doing any act or coercing another, including a victim, to do any act of initiation that creates a risk of mental or physical harm. Permission, consent or assumption of risk by an individual subjected to hazing does not lessen the prohibition contained in this policy. Violation may lead to disciplinary action and/or legal action as contained in ORC 2307.44

    20. Insubordination

    A student shall not disregard or refuse to obey reasonable requests or directions given to the student by school personnel.

    21. Leaving School Premises

    A student shall not leave school premises before the hour of dismissal except where individual school policy otherwise provides or without first obtaining the consent of the principal, assistant principal or school nurse or their designee. In addition, a student shall not be in an improper area of the school away from proper supervision.

    22. Misrepresentation and Forgery (Nonacademic Dishonesty)

    A student shall not, orally or in writing, use or sign the name of another person or falsify times, dates, grades, addresses or other data on school records, in correspondence, or in other written material directed to the school or school personnel. A student shall not give or assist in giving false or fictitious information to any police department, fire department, school official or other person acting in an official and lawful capacity.

    23. Sexual Misconduct

    No student shall engage in any sexual conduct or sexual contact.

    24. Sexual Harassment

    No student shall engage in any sexual harassment or otherwise violate Board Policy and Regulation, AC on "Prohibition of Harassment." Prohibited harassment includes by way of example, but is not limited to, unwelcome sexual advances and requests for sexual favors, solicitation of sexual activity, displaying sexually suggestive objects, making sexual remarks or gestures, displaying sexual pictures or cartoons, making derogatory comments or slurs based on sex, making sexual comments about a person's body or clothing, touching a person, blocking their exit or assaulting a person, or other verbal, nonverbal, or physical conduct of a sexual nature which the offender knows or should know is offensive to the listener or observer. A student shall not wear or possess clothing, jewelry, personal possessions, publications or other items or materials which are sexually suggestive.

    25. Theft

    A student shall not take or receive or attempt to take or receive into his/her possession property of the District or property of another student, teacher, visitor or employee of the District without privilege to do so.

    26. Unauthorized Sale or Distribution

    A student shall not sell, distribute or attempt to sell or distribute any object or substance which has not been properly authorized by the Superintendent, principal or their designee for sale or distribution to any person on school premises.

    27. Unauthorized Use of Fire, Possession or Use of Combustibles and Propellants including but not limited to Pepper Spray, Mace, etc.

    A student shall not cause any flame, spark or other form of fire or propellant without the authorization to do so.
    28. Use of Profane, Vulgar or Abusive Language or Gestures

    A student shall not use profane, vulgar, abusive, obscene or other words or gestures which, under the circumstances, are offensive to the sensibilities of ordinary people in the school district community or which normal school activities. Such prohibitions include, but are not limited to, use of computers or other technology or communications.

    29. Use or Possession of Tobacco

    A student shall not use or possess tobacco or tobacco products in any form or otherwise violate Board policy JFCG "Tobacco Use By Students." This also includes a prohibition on smoking or otherwise using tobacco or tobacco products in cars which are on the school campus. Violations will result in Level 3 consequences and a loss of privileges for 5 school days for first offense, 10 days for second offense and 15 for third offense after the suspension, including attendance at after school co-curricular events and activities and driving privileges.

    30. Violation of Law

    A student shall not violate any law or ordinance.

    31. Other Conduct

    In recognition that any list of prohibited conduct cannot, with specificity, encompass every conceivable action which may properly be subject to discipline, the Superintendent or a building principal shall have the authority to suspend or expel a student for conduct not specifically set forth herein and which substantially and materially disrupts or interferes with the good order, discipline, operation, academic or educational process taking place in the school or which substantially and materially is or poses a threat to the safety of persons or property.

    32. Repeated Violations or Other Circumstances

    These guidelines do not restrict school personnel from using judgment in interpreting and implementing consequences. The administration reserves the right to assign and establish procedures in areas where precedent has not been set.


    33. Acts Subject to Permanent Exclusion

    A student shall not participate in any of the acts prohibited in Board policy JEGA "Permanent Exclusion", and listed below. A student, in addition to suspension, expulsion, and/or emergency removal, may be subject to permanent exclusion from school for the following acts pursuant to ORC 3313.662 and Board policy.

    A student may be permanently excluded from attending any Ohio public school if the student is convicted of, or adjudicated a delinquent child for committing, when 16 years of age or older, one of the following criminal offenses:
    Illegal conveyance or possession of deadly weapons or dangerous ordnance on school premises, in violation of ORC 2923.122.
    Carrying or being in possession of concealed weapons on school property or at a school activity in violation of ORC 2923.12.
    Selling or offering to sell or possessing a controlled substance in violation of ORC 2925 03 (A) (1), (4), (5), (6), (7), (9) or (10) on school property or at a school activity; and possessing a controlled substance in violation of ORC 2925.11, other than a violation that would be a minor drug possession offense.
    Committing one of the following on school property or at a school function: aggravated murder in violation of ORC 2903.01, murder in violation of ORC 2903.02, voluntary manslaughter in violation of ORC 2903.03, involuntary manslaughter in violation of ORC 2903.04, felonious assault in violation of ORC 2903.11, aggravated assault in violation of ORC 2903.12, felonious sexual penetration in violation of former ORC 2907.12, rape in violation of ORC 2907.02 or gross sexual imposition in violation of ORC 2907.05.
    Complicity in any of the above-described violations regardless of whether the act of complicity was committed on school property or at a school activity. Complicity is defined as soliciting or procuring another to commit an offense; aiding, abetting or encouraging another to commit an offense; conspiring or agreeing with another to commit an offense; or causing an innocent or irresponsible person to commit an offense.
    Any other acts for which a student may be subject to permanent expulsion.
    34. Expulsion for One Calendar Year

    A student who brings a firearm, as defined in Board policy, to school or on to property owned or controlled by the Board while school is in session; to school-sponsored activities or events whether on or off school premises; on school premises whether or not school is in session; in any vehicle whose use is controlled or organized or arranged by the school; or at any time when the student is subject to the authority of the Board or school personnel, shall be expelled from school for one calendar year. The Superintendent may reduce, on a case-by-case basis, the one year required expulsion period in circumstances subject to the provisions of Federal and State law related to the education of disabled students or when the Superintendent, in his/her sole discretion, determines that the interest of the expelled student is served and the interest of other students, school employees, and other members of the school community are not disproportionately disserved by such a reduction. This provision does not in any way prevent school officials from pursuing the permanent exclusion of a student pursuant to ORC 3313.662. Any expulsion pursuant to this provision shall extend, as necessary, into the school year following the school year in which the incident that gives rise to the expulsion takes place.
    The Superintendent may reduce, on a case-by-case basis, the one year required expulsion period in circumstances subject to the provisions of Federal and State law related to the education of disabled students or when the Superintendent, in his/her sole discretion,
    determines that the interest of the expelled student is served and the interest of other students, school employees and other members of the school community are not disproportionately disserved by such a reduction. The Superintendent may extend such expulsion, as necessary, into the school year following the school year in which the incident giving rise to the expulsion takes place.

    A student who commits an act that is a criminal offense when committed by an adult and that results in serious physical harm to persons as defined in division (a)(5) of ORC 2901.01 or serious physical harm to property as defined in division (a)(6) of ORC 2901.01 while the student is at school, on any property owned or controlled by the Board, or at any interscholastic event, extracurricular event or any other school property or activity, wherever located, may be expelled from school for a period up to one calendar year. The Superintendent may reduce, on a case-by-case basis, the one year expulsion period in circumstances subject to the provisions of Federal and State law related to the education of disabled students or when the Superintendent, in his/her sole discretion, determines that the interest of the expelled student is served and the interest of other students, school employees and other members of the school community are not disproportionately disserved by such a reduction. This provision does not in any way prevent school officials from pursuing the permanent exclusion of a student pursuant to ORC 3313.662. Any expulsion pursuant to this provision shall extend, as necessary, into the school year following the school year in which the incident that gives rise to the expulsion takes place.

    A student who makes a bomb threat with respect to any school building or to any premises at which a school activity is occurring at the time of the threat, may be expelled from school for a period of up to one calendar year. The Superintendent may reduce, on a case-by-case basis the one year expulsion period in circumstances subject to the provisions of Federal and State law related to the education of disabled students or when the Superintendent, in his/her sole discretion, determines that the interest of the expelled student is served and the interest of other students, school employees and other members of the school community are not disproportionately disserved by such a reduction. This provision does not in any way prevent school officials from pursuing the permanent exclusion of a student pursuant to ORC 3313.662. Any expulsion pursuant to this provision shall extend, as necessary, into the school year following the school year in which the incident that gives rise to the expulsion takes place.

    NO SMOKING/TOBACCO USE ON DISTRICT PROPERTY

    Smoking and the use of tobacco products are prohibited at all times in all buildings owned and/or operated by the Board and on all grounds, including athletic fields and stadiums, owned and/or operated by the Board.

    The Board recognizes that staff and school visitors serve as role models to students and, therefore, adopts this 100% tobacco-free District policy to endorse a healthy lifestyle and prevent tobacco use.

    The Board additionally prohibits the use of electronic cigarettes in accordance with this policy.

    PROHIBITION OF SMOKING, USE OF TOBACCO AND ELECTRONIC CIGARETTES

    The Board recognizes its responsibility to create and maintain an environment which sustains and enhances the general health and well-being of its employees, students and visitors. Since the growing body of technical and medical research indicates the serious health risks to smokers and side-stream smoke for nonsmokers, and since the Surgeon General classifies nicotine as an addictive substance, smoking and the use of tobacco and tobacco products are prohibited in all Board-owned and/or operated property, including all buildings and vehicles, and on all grounds, including stadiums and athletic fields, owned and/or operated by the Board.

    The Board recognizes that staff and school visitors serve as role models to students and, therefore, adopts this 100% tobacco-free District policy to endorse a healthy lifestyle and prevent tobacco use. The Board additionally prohibits the use of electronic cigarettes in accordance with this policy.

    TOBACCO USE PROHIBITED FOR ADULTS

    No employee, student, visitor or volunteer is permitted to smoke, inhale, dip or chew tobacco or use electronic cigarettes at any time, including non-school hours:
    in any building, facility or vehicle owned, leased rented or chartered by the District or
    on school grounds, athletic facilities or parking lots
    No employee, student, visitor or volunteer is permitted to smoke, inhale, dip or chew tobacco at any time, including non-school hours, at any school-sponsored event off campus.

    Tobacco Advertisements and Promotions
    Tobacco advertising is prohibited on school grounds, in all school-sponsored publications and at all school-sponsored events. Tobacco promotional items that promote the use of tobacco products, including clothing, bags, lighters and other personal articles, are not permitted on school grounds, in school vehicles or at school-sponsored events.

    Providing Notice to Staff
    “No Tobacco” signs will be posted throughout the District at entrances and other appropriate locations in all academic buildings, administrative spaces and athletic fields. District staff will be provided notice of this policy through staff handbooks. District vehicles will display the international “No Smoking” insignia.

    Enforcement
    Disciplinary measures for violations of this policy comply with the requirements of State law, related District policies and regulations.

    Educational Reinforcement
    Tobacco use prevention education is closely coordinated with the other components of the school health program. Staff responsible for teaching tobacco use prevention education has adequate pre-service training and participate in ongoing professional development activities to effectively deliver the education program.

    The administration shall take steps to ensure that this policy is communicated effectively to all employees and visitors.

    STUDENT DISCIPLINE

    The Superintendent, principal or other school administrator may suspend a student from school for a period of not more than 10 school days. If, at any time a suspension is imposed, there are fewer than 10 school days remaining in the school year in which the incident that gave rise to suspension takes place, the Superintendent may apply any remaining part of all of the suspension to the following school year. Unless otherwise indicated in the notice of suspension, students who are suspended from school are automatically suspended from all school activities and all co-curricular activities, as part of the students’ suspension from school, for the same period of time as the suspension. No student shall be suspended from school unless prior to the suspension the Superintendent, principal or other school administrator:

    1. gives the student written notice of the intention to suspend the student and the reason(s) for the intended suspension;

    2. provides the student an opportunity to appear at an informal hearing before the principal, assistant principal, Superintendent or Superintendent's designee and challenge the reason for the intended suspension or otherwise to explain his/her actions;

    3. determines, as a result of the informal hearing, that the student should be suspended and, within one school day after the time of the student's suspension makes written notification of the suspension to the parent, guardian or custodian of the student and the Treasurer of the Board. If a principal suspends a student, a copy of the suspension notice should be forwarded to the Superintendent and;

    4. includes in the notice of suspension to the parent, guardian or custodian of the student: (A) the reason for the suspension, (B) notification of the right of the student or his/her parent, guardian or custodian to appeal the suspension and to be granted a hearing before the Board or its designee, (C) the right to be represented in all appeal proceedings, and (D) the right to request that the appeal hearing before the Board or its designee be held in executive session.

    If the suspension or proposed suspension is based on a violation listed in Board Policy, JEGA, Permanent Exclusion, and if the student is 16 years of age or older at the time the offense is committed, the written notice of the intent to suspend and the written notice of suspension must include a statement that the Superintendent may seek to permanently exclude the student if the student is convicted of or adjudicated a delinquent child for that violation. A suspension from co-curricular or extracurricular activity only, which does not involve a related suspension or expulsion from school, is governed by Board Policy IGDL and not by this regulation.

    Right of Appeal
    In cases of suspension by a building principal, assistant principal or other building administrator, the right of appeal shall be:

    1. A student, or his/her parent, guardian or custodian may appeal a suspension by the principal or other school administrator to the Board or its designee, in accordance with this policy. The Superintendent or his/her designee is designated by the Board to hear the suspension appeal.

    2. The request for appeal must be made in writing to the Superintendent's office within three school days after the first day of the suspension.

    3. The student and his/her parent, guardian or custodian shall have the right to be represented at the appeal hearing and shall be granted a hearing before either the designee or Board, in accordance with this policy, in order to be heard with regard to the suspension.

    4. At the request of the student, or his/her parent, guardian, custodian or attorney, the designee or Board, whichever is applicable, shall hold the hearing in executive session.

    5. Formal action on the appeal may be taken only in a public meeting in the case of action by the Board.

    6. By the action of either the designee or Board, whichever is applicable, the order of suspension may be affirmed, or the student may be reinstated or the action otherwise reversed, vacated or modified.

    7. The Board or designee, whichever is applicable, will have five school days following the hearing to issue a written decision.

    8. Either the designee or Board, whichever is required, shall make or cause to be made a verbatim record of appeal hearings. The record shall not be reduced to writing except at the request, cost, and arrangement of the party requesting the written record.

    9. A student shall remain suspended for the duration of the suspension unless and until action modifying the suspension is taken on appeal, except that the Superintendent, principal or other school administrator shall have the discretion to hold a suspension in abeyance pending appeal.

    10. The decision of either the designee or Board, whichever is applicable, may be appealed to the Court of Common Pleas as authorized by Ohio law.

    The appeal hearing is not a formal judicial proceeding. The student, student's parent or their representative do not have the right to cross-examine or question school staff, students or other persons at the hearing. Any cross examination or questioning is at the sole discretion of the appeal hearing officer.

    Emergency Removal of Student

    If a student's presence poses a continuing danger to persons or property, or an ongoing threat of disrupting the academic process taking place either within a classroom or elsewhere on school premises, then the Superintendent, principal or assistant principal may remove the student from curricular or extracurricular activities or from the school premises. A teacher may remove the student from curricular or extracurricular activities under his/her supervision, but not from the premises. If a teacher makes an emergency removal, reasons will be submitted to the principal in writing as soon after the removal as practicable. In all cases of normal disciplinary procedures where a student is removed from a curricular or extracurricular activity for less than one school day and is not subject to further suspension or expulsion, the due process requirements of suspension and expulsion do not apply.

    If the emergency removal exceeds one school day, then a due process hearing will be held within three school days after the initial removal is ordered. Written notice of the hearing and the reason for removal will be given to the student as soon as practical prior to the hearing using the notice of intent to suspend or notice of intent to expel, as applicable. A hearing shall be conducted in accordance with suspension procedures unless the student has received a notice of intent to expel, in which case a hearing shall be conducted in accordance with expulsion procedures, except that the hearing for suspension or expulsion shall be held within three school days of the initial removal. The person who ordered or requested the removal will be present at the hearing

    If the Superintendent or principal reinstates a student prior to the hearing for emergency removal, the teacher may request and will be given written reasons for the reinstatement. The teacher cannot refuse to reinstate the student.

    The student may be removed from curricular or extracurricular activities or excluded from school premises until a hearing is conducted according to suspension or expulsion procedures, whichever is applicable.

    Students who are emergency removed from school premises are automatically removed from all school activities and all co-curricular activities for the same period of time as the emergency removal from school. An emergency removal from a co-curricular activity only which does not involve a related suspension or expulsion from school is governed by Board policy JGG and not by this regulation.

    Student Expulsion

    The Superintendent may expel a student from school. Except as specified below as related to firearms, knives and criminal acts, students may be expelled from school for a period not to exceed the greater of 80 school days or the number of school days remaining in the term or semester in which the incident that gives rise to the expulsion takes place. The expulsion may also be extended pursuant to ORC 3313.66(F) related to permanent exclusion. In the case of students who are expelled for a period of time that exceeds the number of school days remaining in that school year the Superintendent may apply any part or all of the period of the expulsion to the following school year.

    Unless otherwise indicated in the notice of expulsion, students who are expelled from school are automatically expelled from all school activities and all co-curricular and extracurricular activities, as part of the student's expulsion from school, for the same period of time as the expulsion.

    A suspension from a co-curricular or extracurricular activity only which does not involve a related suspension or expulsion from school is governed by Board policy JFC-R and not by this regulation.

    A student who brings a firearm, as defined in Board regulation to school or on to property owned or controlled by the Board while school is in session; to school sponsored activities or events whether on or off school premises; on school premises whether or not school is in session; in any vehicle whose use is controlled or organized or arranged by the school; or at any time when the student is subject to the authority of the Board or school personnel shall be expelled from school for one calendar year. Any such expulsion shall extend, as necessary, into the school year following the school year in which the incident occurred. The Superintendent may reduce, on a case-by-case basis, the one year required expulsion period in circumstances subject to the provisions of Federal and State law related to the education of handicapped students or when the Superintendent, in his/her sole discretion, determines that the interest of the expelled student is served and the interest of other students, school employees and other members of the school community are not disproportionately disserved by such a reduction. This provision does not in any way prevent school officials from pursuing the permanent exclusion of a student pursuant to ORC 3313.662.

    A student who brings a knife, as defined in Board regulation, to school or on to property owned or controlled by the Board while school is in session; to school-sponsored activities or events whether on or off school premises; on school premises whether or not school is in session; in any vehicle whose use is controlled or organized or arranged by the school; or at any time when the student is subject to the authority of the Board or school personnel may be expelled from school for a period of up to one calendar year. Any such expulsion may extend, as necessary, into the school year following the school year in which the incident occurred. The Superintendent may reduce, on a case-by-case basis, the one year required expulsion period in circumstances subject to the provisions of Federal and State law related to the education of disabled students or when the Superintendent, in his/her sole discretion, determines that the interest of the other students, school employees and other members of the school community are not disproportionately disserved by such a reduction.

    This provision does not in any way prevent school officials from pursuing the permanent exclusion of a student pursuant to ORC 3313.662.

    A student who possesses a firearm or knife, as defined in Board regulation JFC-R, at a school or on any other property owned or controlled by the Board, while school is in session; at school sponsored activities; on school premises, off school premises at any school sponsored activity or event; in any vehicle whose use is controlled or organized by the school; or at any time when the student is subject to the authority of the Board or school personnel, may be expelled from school for a period up to one calendar year. Any such expulsion may extend, as necessary, into the school year following the school year in which the incident occurred. This provision does not in any way prevent school officials from pursuing the permanent exclusion of a student pursuant to ORC 3313.662.

    A student who commits an act that is a criminal offense when committed by an adult and that results in serious physical harm to persons as defined in division (A)(5) ORC 2901.01 or serious physical harm to property as defined in division (A)(6) of ORC 2901.01 while the student is at school, on any property owned or controlled by the Board, or at any interscholastic event, extracurricular event or any other school property or activity, wherever located, may be expelled from school for a period up to one calendar year. The Superintendent may reduce, on a case-by-case basis, the one year expulsion period in circumstances subject to the provisions of Federal and State law related to the education of disabled students or when the Superintendent, in his/her sole discretion, determines that the interest of the expelled student is served and the interest of other students, school employees and other members of the school community are not disproportionately disserved by such a reduction. This provision does not in any way prevent school officials from pursuing the permanent exclusion of a student pursuant to ORC 3313.662. Any expulsion pursuant to this provision shall extend, as necessary, into the school year following the school year in which the incident that gives rise to the expulsion takes place.
    A student who makes a bomb threat with respect to any school building or to any premises at which a school activity is occurring at the time of the threat, may be expelled from school for a period of up to one calendar year. The Superintendent may reduce, on a case-by-case basis the one year expulsion period in circumstances subject to the provisions of Federal and State law related to the education of disabled students or when the Superintendent, in his/her sole discretion, determines that the interest of the expelled is served and the interest of other students, school employees and other members of the school community are not disproportionately disserved by such a reduction. This provision does not in any way prevent school officials from pursuing the permanent exclusion of a student pursuant to ORC 3313.662. Any expulsion pursuant to this provision shall extend, as necessary, into the school year following the school year in which the incident that gives rise to the expulsion takes place.

    No student shall be expelled unless prior to his/her expulsion the Superintendent:
    gives the student and his/her parent, guardian or custodian written notice of the intention to expel the student and the reasons for the intended expulsion;
    provides the student and his/her parent, guardian, custodian or representative an opportunity to appear in person before the Superintendent's designee to challenge the reasons for the intended expulsion or otherwise to explain the student's actions;
    provides in the written notice of intent to expel: (A) the reason for the intended expulsion, (B) notification of the opportunity of the student and his/her parent, guardian, custodian or representative to appear before the Superintendent or Superintendent's designee to challenge the reasons for the intended expulsion or otherwise to explain the student's actions and (C) the date, time and place to appear for such hearing;
    provides that the date to appear for the hearing, as set forth in the notice, shall not be earlier than three school days and no later than five school days after the notice is given, unless the Superintendent grants an extension of time at the request of the student or his/her parent, guardian, custodian or representative and,
    provides, if an extension of time is granted after giving the original notice, notification to the student and his/her parent, guardian, custodian or representative of the new date, time and place to appear for the hearing.
    If the Superintendent or designee determines, as a result of the hearing, that the student should be expelled, the Superintendent shall, within one school day after the time of the student's expulsion, notify in writing the parent, guardian or custodian of the student and the Treasurer of the Board of the expulsion.

    The notice of expulsion to the parent, guardian or custodian of the student shall include: (A) the reason for the expulsion; (B) notification of the right of the student or the parent, guardian or custodian to appeal the expulsion to the Board or its designee, and to be granted a hearing before the Board or its designee to be heard against the expulsion; (C) the right to be represented in all appeal proceedings and (D) the right to request that the hearing be held in executive session.

    If the expulsion is for more than 20 days or for any period of time if the expulsion will extend into the following semester or school year, the notice of expulsion will provide the student and his/her parent(s), guardian or custodian with information about services or programs offered by public and private agencies that work toward improving those aspects of the student's attitudes and behavior that contributed to the incident that gave rise to the student's expulsion. The information shall include the names, addresses and telephone numbers of the agencies.

    If the proposed expulsion is based on a violation listed in Board policy JEGA, Permanent Exclusion, and if the student is 16 years of age or older at the time he/she allegedly committed the violation, the written notice of intent to expel and the written notice of expulsion shall include a statement that the Superintendent may seek an extension of the expulsion pursuant to ORC 3313.66(F) and that the Superintendent may seek to permanently exclude the student if the student is convicted or adjudicated a delinquent child for that
    violation.

    The building principal may recommend expulsion to the Superintendent. In cases where expulsion is recommended by the principal, a summary of the nature of the offenses and information such as statements, or conferences should be made by the principal and be provided to the office of the Superintendent.

    A student expelled during the second semester of a school year whose expulsion has ended prior to the beginning of the next school year, must be expelled for re-admission in summer school following that semester during which he/she was expelled.

    Expulsion Appeal
    The parent, guardian or custodian, or the student may appeal the expulsion decision to the Board or its designee, as provided in this policy. From a list of attorneys developed by the Superintendent, a designee shall conduct the expulsion appeal hearing. Those on the list shall be requested to serve in rotating alphabetical order. The appeal hearing should generally be held within 15 school days from the date the request for the appeal hearing was received in the Superintendent's office, although the hearing may be scheduled at a later time, as determined by the Superintendent. If for any reason a designee is unable to conduct the hearing within 15 school days from the date the request for an appeal hearing was received in the Superintendent's office and/or on the date designated by the Superintendent, the next available attorney on the list should conduct the hearing. The designee shall determine the facts, make conclusions of law, and recommend to the Board that the expulsion order be affirmed, reversed or modified. Upon consideration of the designee report, the Board, by a majority vote of its full membership, shall affirm, reverse, or modify the expulsion. If no list of designee attorneys has been developed or no attorney on the list is available, the Board may also conduct the hearing.

    Conduct of the Hearing
    The initial expulsion hearing and any appeal are not formal judicial proceedings. The student, student's parents or their representative do not have the right to cross-examine or question school staff, students or other persons at the hearing. Any cross-examination or questioning is at the sole discretion of the hearing officer or appeal hearing officer. If the student, student's parents or their representative fail to follow hearing procedures established by the Board in policy and regulations, the hearing may be terminated and the hearing officer may proceed with a decision in the matter.

    Right of Appeal
    In cases of an expulsion, the right of appeal shall be:

    1. A student or his/her parent, guardian, or custodian may appeal an expulsion by the superintendent to the Board or its designee, as provided in this policy.

    2. The student and his/her parent, guardian or custodian shall have the right to be represented in all appeal proceedings and shall be granted a hearing before either the Board or its designee, whichever is applicable in order to be heard with regard to the expulsion.

    3. At the request of the student, or his/her parent, guardian or custodian shall have the right to be represented in all proceedings and shall be granted a hearing before either the Board or its designee, whichever is applicable, in order to be heard with regard to the expulsion.

    4. Formal action on the appeal may be taken only in a public meeting.

    5. By the action of the Board, the order of expulsion may be affirmed, or the student may be reinstated or the action otherwise reversed, vacated or modified.

    6. Either the Board or its designee, whichever is applicable, shall make or cause to be made a verbatim record of the appeal hearing. The record shall not be reduced to writing except at the request, cost, and arrangement of the party requesting the written record.

    7. A student shall remain expelled for the duration of the expulsion unless or until action modifying same is taken on appeal, except that the Superintendent shall have the discretion to hold an expulsion in abeyance pending appeal.

    8. The decision of the Board may be appealed to the Court of Common Pleas as authorized under Ohio law.

    9. The request for appeal must be filed in writing with the Superintendent's office within five school days after the first day of the expulsion.

    Violation of Suspension or Expulsion
    While under suspension or expulsion, a student shall not have access to or be permitted on school premises or at school activities except with the specific permission of the building principal. If a student is found on school premises or at school activities without the permission of the principal, he/she may be referred to law enforcement authorities for appropriate action.

    Saturday School and Demerit System

    1. The Superintendent or the principal, at his/her discretion, may elect Saturday School attendance or other discipline as an alternative disciplinary measure to the suspension of a student.
    2. Each school may adopt a demerit system as an alternative to immediate suspension or expulsion where a student's conduct or circumstances warrant. The demerit system for each school level, i.e., elementary school, middle school and high school, shall be promulgated and shall include the demerits assigned to and the consequences of student conduct resulting from the assignment and accumulation demerits. A record of the student's conduct and assignment of demerits shall be kept and an opportunity for hearing in accordance with the due process requirements set forth herein shall be given prior to any suspension or expulsion.

    Community Service
    The Superintendent may require a student to perform community service in conjunction with or in place of a suspension or expulsion including, but not limited to, imposing a community service requirement beyond the end of the school year in lieu of applying the suspension or expulsion into the following school year. Use of this community service option and any related reporting by and monitoring of students performing such community service shall be determined by the Superintendent in his/her discretion. If any violation which in whole or in part gave rise to the suspension or expulsion or consideration of the suspension or expulsion of any student involved the student’s bringing a firearm to school or on to property owned or controlled by the Board while school is in session; to school-sponsored activities or events whether on or off school premises; on school premises whether or not school is in session; in any vehicle whose use is controlled or organized or arranged by the school; or at any time when the student is subject to the authority of the Board or school personnel, the Superintendent shall not use this community service option for such student in place or all or any portion of the required one year expulsion if the student is otherwise subject to the required one year expulsion.
    In-School Suspension or Alternative Learning Site Assignment
    The due process provisions of notice, a hearing, and the right to appeal included in this regulation and in ORC 3313.66 are not applicable to the in-school suspension of a student or the assignment of a student to an alternative learning center or any other alternative educational assignment when the student is not removed from school attendance and the student is provided an opportunity to obtain credit for his/her assignments or school work completed during such time.

    Rockbridge Academy
    The Superintendent or designee, at his/her discretion, may elect to assign middle or high school student(s) to Rockbridge Academy as an alternative disciplinary measure to the suspension or expulsion of a student, so long as admission is consistent with the mission, purpose and rules of the school.

    Discipline of Students With Disabilities
    The discipline of students with disabilities shall comply with all requirements of State and Federal law.

    Other Provisions Related to Students With or Without Disabilities

    1. Nothing herein shall prevent school officials from pursuing any action against any student with or without a disability available under law including, but not limited to, notification of law enforcement or other governmental authorities, filing of criminal charges or civil action, filing for an injunction or other legal action to remove a student from school, or any other action that may be necessary to protect the health, safety or educational environment of the student or others or to protect property.

    2. In all cases of normal disciplinary procedures where a student is removed from a curricular or extracurricular activity or from school premises for a period of less than one school day and is not subject to suspension or expulsion, the due process requirements of these procedures do not apply.

    3. School officials may notify law enforcement or other governmental authorities of student misconduct or illegal activities at any time. As required by the Federal Gun Free Schools Act, students who bring a firearm to school or onto property owned or controlled by the Board while school is in session; to school-sponsored activities or events whether on or off school premises; on school premises whether or not school is in session; in any vehicle whose use is controlled or organized or arranged by the school; or at any time when the student is subject to the authority of the Board of Education or school personnel shall be reported to criminal justice or juvenile justice authorities.

    Annual Notification of Rights under FERPA
    Worthington School District

    The Family Educational Rights and Privacy Act (FERPA) affords parents and students 18 years of age or older (“eligible students”) certain rights with respect to the students. Those rights include:

    A. The right to inspect and review the student’s education records within 45 days of the day the District receives a request for access. Parents or eligible students should submit to the school principal (or designee) a written request that identifies the records(s) they wish to inspect. The principal (or designee) will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.

    B. The right to request the amendment of the student’s education records that the parent or eligible student believes are inaccurate, misleading, or violate a student’s privacy rights. Parents or eligible students may ask the District to amend a record that they believe is inaccurate, misleading, or in violation of the student’s privacy rights. Parents or eligible students may informally request that a record be amended if they believe it is inaccurate, misleading, or in violation of the student’s privacy rights. If the matter is not resolved in an informal manner, parents or eligible students should write to the school principal (or designee), clearly identify the part of the record they want changed, and specify why it is inaccurate, misleading, or in violation of the student’s privacy rights. If the District decides not to amend the record as requested by the parent or eligible student, the District 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 on request; when the District receives a written request for amendment of a student’s education record; or the District receives a written request for a records hearing.

    C. 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 District as an administrator, supervisor, instructor, or support staff member (including health or security personnel); a person serving on the school board; or a person or company with whom the District has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist). 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; perform a task related to the student’s education or school-related activities; or perform a service or benefit for the student or the student’s family such as health care, counseling, student job placement, or student financial aid. Upon request, the District shall disclose education records without consent to officials of another school, school district, or institution of post-secondary education in which a student seeks or intends to enroll.

    The District has designated the following personally identifiable information in a student’s education record as “directory information,” and will disclose that information without prior written parental consent, except when the request is for a profit-making plan or activity:

    7. The student’s name;
    8. The student’s address;
    9. The student’s date of birth;
    10. The student’s participation in officially recognized extracurricular activities or sports;
    11. The student’s awards or honors; and
    12. The student’s weight and height, if a member of an athletic team.

    Parent(s), guardian(s) or eligible students will have two weeks from the start of school to advise the Superintendent, in writing, of any or all of the above items that they refuse to permit the District to disclose as directory information. Please consider that if you choose to deny access to your student’s directory information this will prevent ALL third parties (post-secondary organizations, military recruiters, co-curricular and social organizations) from receiving the information.

    The District may also disclose student education records without consent of the parents or eligible student under the following circumstances:

    9. To authorized federal officials or state or local educational authorities:
    10. The disclosure is in connection with financial aid for which the student has applied or which the student has received;
    11. The disclosure is to State or local officials if a state law adopted prior to November 19, 1974 permitted disclosure;
    12. To organizations conducting studies for, or on behalf of, educational agencies or institutions;
    13. To accrediting organizations to carry out their accrediting functions;
    14. To parents of eligible students if the parents claim the student as a dependent, as defined in the Internal Revenue Code;
    15. To comply with a judicial order or subpoena; or
    16. In a health or safety emergency.

    D. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the District 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