Student Code of Conduct

Johnson City Schools recognizes the following:

The primary intent of society in establishing the public schools is to provide an opportunity for learning. We believe that students have full rights of citizenship as delineated in the United States Constitution and its Amendments, that citizenship rights must not be abridged, obstructed, or in other ways altered except in accordance with due process of law, and that education is one of these citizenship rights.

Johnson City Schools prohibits discrimination on the basis of race, color, national origin, gender, religion, sex, age, and disability. Johnson City Schools does not condone or practice discrimination in admission, employment or in access to its programs or activities. If you feel that you have been discriminated against, you should contact your principal, or the district Title VI, Title IX and 504 Coordinator for Johnson City Schools at P.O. Box 1517, Johnson City, TN 37605 or 423-434-5200.

Under the Tennessee State Board of Education’s Unsafe School Choice Policy, any public school student who is the victim of a violent crime as defined under Tennessee Code Annotated 40-38-111(g), or the attempt to commit one of these offenses as defined under Tennessee Code Annotated 39-12-10, shall be provided an opportunity to transfer to another grade-level appropriate school within the district.

The school is a community, and the rules and regulations of a school are the laws of that community. All those enjoying the rights of citizenship in the school community must also accept the responsibilities of citizenship. A basic responsibility of those who enjoy the rights of citizenship is to respect the laws of the community.

It is the intention of Johnson City Schools to create a safe and respectful learning environment in which every student is able to reach their full potential and have the same opportunities regardless of race, color, creed, religion, ethnic origin, sex or disability. All students are expected to treat themselves and others with courtesy and respect. Behavior which is disrespectful will not be tolerated.

The following code sets forth school rules prohibiting certain types of student behavior that constitute serious student misconduct. The initial decision that certain student conduct violates this code is to be made by a school principal, who has the authority to discipline the student. A student found to be in violation of any of these rules may receive consequences as severe as a long-term suspension (over ten (10) school days and up to one (1) year) or expulsion. Other misconduct may be addressed by a principal under disciplinary authority given by statute or Board of Education policies.

A principal’s decision to suspend a student for more than ten (10) days may be appealed, in writing, to a Disciplinary Hearing Authority. An alternative school program may be available for students who have been suspended or expelled. Approved school-based management alternatives may also be available at the local school. Additional information regarding suspension and expulsion can be found in section III. DUE PROCESS GUIDELINES FOR DEALING WITH ALLEGED CODE VIOLATIONS.

Tennessee Code Annotated 49-6- 4107(a) states that a principal, teacher, school employee or school bus driver, in exercising that person’s lawful authority, may use reasonable force when necessary under the circumstances to correct or restrain a student or prevent bodily harm or death to another person.

1. Students are entitled to verbally express their personal opinions. Such verbal expressions shall not interfere with the freedom of others to express themselves and shall not disrupt school, the classroom or school activities. The use of obscenities or personal attacks is prohibited.
2. All student meetings in school buildings or on school grounds may function only as a part of the formal education process or as authorized by the principal.
3. Students have the freedom to assemble peacefully, however there is an appropriate time and place for the expression of opinions and beliefs. Demonstrations that interfere with the operation of the school, the classroom, or school activities are inappropriate and are prohibited.

1. Students are entitled to express their personal opinions in writing. The distribution of such writings shall not interfere with or disrupt the educational process. Such written expressions must be signed by the authors.
2. Students are entitled to express their personal opinions in the form of artwork and photography. The distribution of such artwork and photography shall not interfere with or disrupt the educational process. Any such student works must be signed by the creators.
3. Students who edit, publish, or distribute handwritten, printed, electronic, digital or duplicated matter among their fellow students within the schools must assume responsibility for the content of the publication.
4. Libel, obscenity, pornographic and lewd images and personal attacks are prohibited in all publications.
5. Commercial solicitation will not be allowed on school property or through school system equipment at any time without prior written approval of the principal.
6. The principal must approve the distribution of non-educational material by students in school buildings, on school grounds, at school activities or over school system computers or by means of the school system network.

Students and their property shall be free from unreasonable search and seizure.

1. School personnel have the authority to search students, items in students’ possession and student vehicles upon a reasonable belief that the search will lead to the discovery of either:
   • Evidence of a violation of the law or of school rules and regulations; or
   • Any object or substance that presents an immediate danger of harm or illness to any person.
2. Searches should be for a specific item and should be conducted in the presence of another school employee.
3. Items or substances which are illegal or present a threat to the safety or security of other persons or the school will be seized by school authorities. Students in possession of such items or substances will be subject to disciplinary action, which may include notification of legal authorities.
4. Items or substances which are used to disrupt or which interfere with the educational process will be removed from student possession.
5. General searches by school personnel of school property, including school property assigned to specific students, such as student lockers, may be conducted at any time.
6. Searches may be conducted on campus or during any organized school activity off campus.
7. When a search of an individual student’s person has been conducted, the principal shall attempt to notify the parent/guardian by phone at the time of the search, or as soon thereafter as reasonably possible. If the phone notification is not successful, the principal shall send a letter or email to the parent/guardian within twenty-four (24) hours. This notification will not apply to students attending the Science Hill High School Alternative Center or the Indian Trail or Liberty Bell Middle School Alternative classrooms.
8. A student who refuses a reasonable search may be considered in violation of the rule or rules for which they were subject to search.

A student shall not use violence, force, noise, coercion, threat, intimidation, fear, passive resistance, or any other conduct to cause the disruption, interference, or obstruction of any school function or the educational process. A student shall not engage in conduct which could reasonably be foreseen to cause disruption, interference, or obstruction of any school function or the educational process. A student shall not urge others to engage in this type of conduct. While this list is not exclusive, the following acts when reasonably believed to be for the purpose of causing a disruption, interference, or obstruction of any school function, illustrate the kinds of offenses contemplated here:

1. Occupying any school building, school grounds, or part thereof with the intent to deprive others of its use;
2. Blocking the entrance or exit of any school building, corridor or room therein with the intent to deprive others of lawful use or access to or from the building, corridor or room;
3. Setting fire to, vandalizing, or damaging any school building or property;
4. Firing, displaying, carrying, possessing or threatening use of firearms, explosives, knives, blades or any other weapons (as defined in T.C.A. §39-17-1309) or other destructive device on the school premises, on a school bus, or at school sponsored events or activities for any unlawful purpose. Explosives, illustrations, or instructions for making or using explosives or other weapons or destructive devices are not permitted on school property or at school sponsored events or activities;
5. Preventing or attempting to prevent by any act (including transmitting a bomb threat in writing, by phone or by any other means, initiating a false fire alarm, or being accessory to such acts) the convening or continued functioning of any school, class, or school sponsored events or activities or of any authorized meeting or assembly on school property;
6. Preventing any student or students from attending school, class or school sponsored events or activities;
7. Except under direct instruction of the principal/designee, blocking normal pedestrian or vehicular traffic on a school campus;
8. Intentionally making noise (including disruptive verbal communication) or acting in any manner so as to intentionally and substantively interfere with the teacher’s ability to teach or with other classroom or school events or activities;
9. Exhibiting immoral or disreputable conduct or vulgar, inflammatory or profane language;
10. Displaying obscene, lewd or pornographic images to others while on school property or at a school sponsored event or activity;
11. Willfully and/or persistently violating the rules of the school or the school system;
12. Refusing to obey an order of a principal, teacher or other authorized school employee;
13. Interfering with school authorities, which is defined as interfering with administrators, teachers or other authorized school employees by intimidation or with threat of force or violence. The commission of or participation in such activities in school buildings, on school buses, on school property, or at school sponsored events or activities is prohibited.

A student shall not cause, or attempt to cause, damage to school property or steal, or attempt to steal school property.

A student shall not abuse, damage, destroy, steal, or attempt to steal private property while on the school grounds or while attending school sponsored events or activities.

Assault is intentionally, knowingly or recklessly causing bodily injury to another person; intentionally or knowingly causing another person to reasonably fear imminent bodily injury; or intentionally or knowingly causing physical contact with another person when a reasonable person would regard such contact as extremely offensive or provocative.

A student shall not assault or attempt to assault any person, including school employees or other students, at any time while on school grounds or while attending school sponsored events or activities.

A student shall not, through the threat or use of force, attempt to take any property which belongs to a school employee or another student. Such acts constitute extortion, blackmail and/or coercion.

A student shall not sexually assault any person at any time while on school grounds or while attending school sponsored events or activities.

Student use of recreational or electronic devices, including but not limited to laser pointers, digital cameras, video recorders, cell phones, smart watches, wireless headphones, earbuds, and tablets or other wearable/personal technology on school property is permitted during school hours for educational purposes only and only under the direct supervision of the classroom teacher. Students will be expected and required to abide with all policies and procedures in place for use of these type of devices.

While on school grounds or while attending any school related event or activity, students are prohibited from taking and/or displaying unauthorized photographs, video recordings and/or any type of digital image of other students and/or school personnel. The use of any recording device is strictly prohibited in any restroom or locker room, clinic or nurse’s office, whether on school grounds or while attending any school related event or activity. Using any device to record altercations on school grounds or at school related events or activities is prohibited.

Sending, sharing, viewing or possessing pictures, text messages, e-mails or other material of a sexual nature in electronic or any other form on an electronic device while on school property or at school related events or activities is prohibited. Students are prohibited from using any type of recording device in any manner that interferes with or is disruptive of the educational process or invades the privacy of students, employees, volunteers or visitors.

Violation of this prohibition will subject a student to discipline under this provision and/or any other provision in this Student Code of Conduct that may be applicable to the circumstances involved. Electronic or other devices used in violation of this rule will be subject to confiscation at any time.

Elementary and Middle Schools:

Students at elementary and middle schools are not permitted to use personal communication devices including, but not limited to cell phones, smart watches, wireless ear buds or headphones, and tablets on school property during school hours without the permission of a teacher or administrator.

The use of personal communication devices is permitted by students at these schools at extracurricular school activities on or off school property. The use of personal communication devices is strictly prohibited in any restroom or locker room, clinic or nurse’s office, whether on school grounds or while attending any school related event or activity.

Using personal communications devices to record altercations on school grounds or at school related events or activities is prohibited. Sending, sharing, viewing or possessing pictures, text messages, e-mails or other material of a sexual nature in electronic or any other form on a personal communications device while on school property or at school related events or activities is prohibited.

Personal communication devices used in violation of this rule will be subject to confiscation at any time. Disciplinary action will be taken against students who violate this rule.

Science Hill High School:

At Science Hill High School, student use of personal communication devices including, but not limited to, cell phones, smart watches and tablets, is prohibited during classes and at other times as announced. This includes text messaging. However, students are allowed to use their personal communication devices at school during non-instructional times. Students who have personal communication devices in class are responsible for having them turned off or otherwise silenced so that notifications will not interfere with instruction.

The use of personal communication devices is strictly prohibited in any restroom, locker room, clinic or nurse’s office, whether on school grounds or while attending any school related event or activity. Sending, sharing, viewing or possessing pictures, text messages, e-mails or other material of a sexual nature in electronic or any other form on a personal communications device or other electronic device while on school property or at school related events or activities is prohibited. The use of personal communication devices for the purpose of cheating is strictly prohibited.

As a means of protecting instructional time and/or providing test security, teachers may elect to collect students’ personal communication devices during any class and return them at the end of the period. Personal communication devices used in violation of this rule will be subject to confiscation at any time. Disciplinary action will be taken against students who violate this rule.

The administration of Science Hill High School or any Science Hill campus can impose stricter guidelines for use at any time, including mandatory, secure storage of devices during the school day to include non-instructional time.

A student shall not possess, handle, transmit, use, or attempt to use ammunition, firearms, explosives, fireworks, knives, or any other object that can be considered a weapon while on school grounds or while attending school sponsored events or activities. This rule applies to normal school supplies such as pencils, scissors, razors, or compasses when they are possessed, handled, transmitted, used or attempted to be used in a manner which renders the object(s) dangerous.

A student shall not possess, use, transmit, consume, or show evidence of having consumed, any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, inhalant, alcoholic beverage or intoxicant of any kind, including any analogues, while on school grounds or while attending school sponsored events or activities. (An analogue is defined as a substance which mimics the stimulant, depressant or hallucinogenic effect on the central nervous system that is similar to the stimulant, depressant or hallucinogenic effect of a controlled substance. An analogue includes “bath salts”, “Spice”, K-2 and any other “designer drug” and is included in the definition of drugs, herein.)

A student shall not possess, use, or be under the influence of any controlled or regulated drug, while on school grounds, or while attending school sponsored events or activities, unless the student has a prescription written for the student by a person authorized by the State of Tennessee to write medical prescriptions.

Any student showing evidence of having consumed inhalants, alcohol or drugs will be immediately removed from contact with other students by school personnel, who shall attempt to immediately contact the student’s parent or legal guardian. Students who are suspected of being under the influence of alcohol or drugs may be subject to drug testing pursuant to TCA § 49-6-4213. Reasonable effort should be made to complete drug testing within 24 hours of parent/guardian contact. Results of tests not completed within the 24-hour time frame may not be accepted by school personnel. Students and their parents/guardians have the right to refuse drug testing and/or related cooperation during the school investigatory process, with the understanding that such a failure to comply/cooperate can be considered and relied upon by school personnel to move forward with disciplinary action.

A student’s use of a recommended dosage of a drug which has been authorized by a medical prescription written for the student by a person authorized by the State of Tennessee to write medical prescriptions and with the written permission of the parent/guardian shall not be considered a violation of this rule. Such medication, if administered at school or at a school event or activity, must be under strict supervision and in accordance with Board of Education policy and procedures.

A student shall not possess drug paraphernalia, including vaporizing pens and e-cigarettes, while on school grounds or while attending school sponsored events or activities. Electronic pagers may be considered to be drug paraphernalia in accordance with Tennessee law and under the terms of this rule (TCA §49-6-4202).

A student shall not possess for resale or distribution any type of drug, including prescription or over-the-counter drugs, on school grounds or while attending school sponsored events or activities.

If a student must take prescription or non-prescription medication during school hours, the student or parent/guardian must deliver the medication to the clinic, unless the medication must be retained by the student for immediate self-administration (i.e. students with asthma.) Employees who have been trained by school nursing staff will assist the student in the self-administration of such medication in compliance with applicable policies. If a student needs to retain medication for immediate self-administration the student must have a written physician’s note to that effect and must have the prior approval of the principal.

Johnson City Schools considers participation in interscholastic athletics as a privilege and not a right. Students that voluntarily participate in these activities are expected to accept the responsibilities which accompany the privilege. Among these is the responsibility to remain drug and alcohol free. Randomly throughout the school year, students in grades nine through twelve who desire to participate in interscholastic athletics, including cheerleading, may be subject to urine testing for illegal or banned substances. Information regarding random drug testing can be obtained from the administration.

A student shall not commit or attempt to commit arson while on school grounds or while attending school sponsored events or activities. Arson is defined as the intentional setting of fire.

A student shall not commit burglary, larceny, or robbery while on school grounds, or while attending school sponsored events or activities. Burglary is defined as breaking into school and/or personal property in or at the school. Larceny is defined as theft. Robbery is defined as stealing from an individual by force or threat of force.

A student shall not be present in an unauthorized place during any period of time when they are properly under the authority of school personnel or refuse to leave an unauthorized place when ordered to do so.

A student shall not possess and/or use tobacco or tobacco related products while on school grounds or while attending school sponsored events or activities. A student shall not possess and/or use electronic cigarettes/vaporizing pens or nicotine, nicotine-delivering substances, chemicals or devices that produce the same flavor or physical effect of nicotine substances, and any other “tobacco innovation” while on school grounds or while attending school sponsored events or activities.

A student shall comply with the directions of teachers, student teachers, substitute teachers, teacher assistants, principals, or other authorized personnel during any period of time when they are properly under the authority of school personnel. A student shall not willfully and/or persistently violate the rules of the school.

Students shall be well groomed and dress in a clean, neat and modest manner so as not to present health and safety problems or cause disruption of school or school functions. Students are required to adhere to the dress code of their respective school while on school grounds, or while attending school-sponsored events or activities.

Prompt daily attendance of all who are enrolled in the Johnson City Schools is required in accordance with state law and Board of Education policy. Students must attend regularly scheduled classes unless officially excused. Students participating in school sponsored trips are counted present.

Chronic absenteeism is defined as a student missing ten percent (10%) or more of the days the student is enrolled, for any reason, including excused absences and out-of-school suspensions.

Effect of Attendance upon Credit and Promotion

Students having excessive absences may fail to receive academic credit based upon the following:

• Students in Grades K- 8: A student’s excessive absence may limit progress to the point that promotion is not feasible. Upon recommendation of the principal, students in grades K-8 who have excessive absences will not receive credit towards promotion.
• Students in Grades 9-12: Students are expected to be in school every day.

NOTE: ALL ABSENCES, EXCUSED OR UNEXCUSED, ARE COUNTED IN THE MAXIMUM NUMBER THAT MAY BE MISSED DURING A SESSION OR SCHOOL YEAR. STUDENTS WITH EXCESSIVE ABSENCES WILL BE CONSIDERED TRUANT AND WILL BE SUBJECT TO A TRUANCY INTERVENTION PLAN.

Acceptable Reasons for an Excused Absence

• Student’s personal illness or injury, including pregnancy – a parent’s/guardian’s statement is required unless the student has frequent absences, in which case a physician’s statement will be required.
• Death in the family.
• Illness in the family requiring the student to give temporary help. A physician’s statement is required.
• Special and recognized religious holidays regularly observed by persons of the student’s particular faith.
• Summons, subpoena or court order.
• Extreme weather conditions.
• Principal/designee approved absences-up to three (3) days per school year as requested by the parent/legal guardian. No student will be allowed to use these absences during standardized testing dates or during final exams. Work missed during the absence must be made up before the absence or upon the return to school.
• One day absence when a student’s parent or custodian is deployed into active military service or returned from active military service.
• Five (5) college visits.
• Circumstances over which, in the judgment of the principal, the student has no control.

Students are expected to arrive at school on time and to stay at school the entire day. Upon a third unexcused tardy and/or early dismissal a student will be subject to discipline. Principals may implement “time for time” procedures to deal with tardiness and early dismissals.

The principal has the authority to change a student’s placement or class assignment in an effort to address concerns about discipline and/or disruption of the learning process of the classroom or school.

All persons must upon request identify themselves to school personnel in the school building, on school grounds, or while attending school sponsored events or activities.

Technology and Internet access and use are considered a privilege, not a right. All technological resources, including devices brought from home and used in school, must be used in accordance with the system’s Acceptable Usage Agreement (a copy of which is included with this Code of Conduct) as well as school system policies and procedures and local, state, and federal laws and/or guidelines governing the usage of technology and its component parts. Students must use the provided technological resources so as not to cause waste or abuse, or to interfere with or cause harm to other individuals, institutions, or companies.
All computer data, including search histories and e-mail communications stored or transmitted on school system computers or by means of the school system network are subject to monitoring. Students should have no expectation of privacy with regard to computer data or transmissions.

Network Rules

The following are not permitted on school system networks, whether by means of school system devices or computers or devices brought from home and used in school (this list is not inclusive):

• Illegal activities;
• Taking, sending or displaying offensive, pornographic, lewd or obscene messages, language, or pictures;
• Harassing, insulting, threatening, bullying or attacking others;
• Violating copyright laws or engaging in plagiarism;
• Using others’ passwords;
• Trespassing in others’ folders;
• Intentionally misusing resources;
• Impersonation;
• Employing the network for commercial purposes; and
• Vandalizing, damaging or destroying computers, computer systems, computer networks, files, data or software.

The taking, disseminating, transferring, or sharing of obscene, pornographic, lewd, or otherwise illegal images or photographs, whether by electronic data transfer or otherwise (commonly called texting, sexting, emailing, etc.) may constitute a CRIME under Tennessee and/or federal law. Any person taking, disseminating, transferring, or sharing obscene, pornographic, lewd, or otherwise illegal images or photographs will be reported to law enforcement and/or other appropriate state or federal agencies, which may result in arrest, criminal prosecution, and LIFETIME inclusion on sexual offender registries.

School officials will apply the same criterion of educational suitability to use of the Internet, computers and the network as they use to review other educational resources. Misuse of the Internet or other technological resources will result in disciplinary action.

Discrimination/harassment by students will not be tolerated. Discrimination is the display of unlawful bias, favoritism or prejudice toward others. Harassment is a single act or course of conduct directed toward an individual or group of people that serves no legitimate purpose other than to annoy, intimidate, frighten, alarm, torment or abuse that person or group.

Alleged victims of discrimination/harassment should report these incidents immediately to a teacher, counselor, or building administrator, or to one of the school system’s complaint managers. Allegations of discrimination/harassment will be fully investigated by the school system. If the discrimination/harassment continues, the alleged victim should report in writing the continuing harassment to the principal, noting the date of first report and to whom the complaint was made.

Disciplinary action will be taken against perpetrators of discrimination/harassment.

Johnson City Schools prohibits bullying, cyber-bullying, harassment, and intimidation under Board Policy 6.304, which covers behavior on school grounds, transportation, and during electronic communication that disrupts the educational environment. Reports are investigated by school administration, and anonymous reports can be submitted via the Stopit Solutions anonymous reporting system.

Key Aspects of Johnson City Schools Bullying Policy:

Definition: Behavior that substantially interferes with a student's education, causes physical harm, creates reasonable fear of harm, or creates a hostile environment.

Reporting: Students or staff can report incidents directly to teachers, counselors, or principals, or through the Stopit Solutions anonymous reporting system.

Investigation: Principals are required to investigate reports and inform parents/guardians of all students involved.

Consequences: Disciplinary actions are determined by administration based on the severity of the incident.

Retaliation: Retaliation against any person who reports or assists in an investigation is strictly prohibited.

A student will be subject to discipline for any act of cyber-bullying that takes place on school grounds, while attending school-sponsored events or activities, on school transportation; which is done through the use of the school system’s intranet or internet system or on any school system equipment; or which is done at any time off-campus if the cyber-bullying causes or threatens to cause a disruption at school, at a school sponsored event or activity, or if it interferes with a student’s education or security at school.

Cyber-bullying encompasses any of the already prohibited actions – such as bullying, discrimination, or harassment – when done through electronic means. “Electronic means” include, but are not limited to, information and communication technologies such as e-mail, voice mail, cell phone and pager text messages, instant messaging (IM), personal Web sites, Weblogs, and online personal polling Web sites.

Examples of cyber-bullying include posting slurs or rumors or other disparaging remarks about a student or staff member on any Web site or Weblog; sending e-mail, instant messages or photographs that are harassing, threatening or offensive; and taking and sending an unauthorized and unwanted photograph or video of a student or staff member.

A student may be suspended from school, from a school sponsored event or activity, or from riding a school bus when the student commits off campus criminal behavior which results in the student being legally charged with a felony and the student’s continued presence in school poses a danger to persons or property or disrupts the educational process.

All students have the right to receive a free and appropriate education. Deprivation of that right may occur only for just cause and after due process. Due Process requirements necessitate that students be given an opportunity to be heard before they may be excluded from school. For minor offenses where the classroom teacher takes corrective disciplinary measures, no formal process or procedure is required. In cases of severe misconduct where there is a possibility of suspension or expulsion, the student shall be advised of the nature of his misconduct, questioned about it, and allowed to give an explanation.

The procedures required to establish due process are not fixed. What is required for due process can depend upon the severity of the penalty imposed on the student. For example, if the only penalty given is detention after class, no formal procedure is required. In cases of severe discipline, such as a suspension of over ten (10) days, due process must be accorded. The following procedures provide for Constitutional requirements of due process and attempt to produce a reliable determination of the issues while minimizing the adversarial nature of the proceedings.

The Principal Will Address Misconduct When:

• A teacher considers misconduct to be so serious as to warrant the principal’s attention;
• The alleged misconduct constitutes a violation of the rules that govern serious misconduct; or
• The principal deems it advisable that they personally address the misconduct.

In addressing misconduct, the principal/designee shall investigate the incident. During the investigation the principal shall inform the student of the misconduct of which they are accused and of any evidence in support of the accusation. The student shall have the opportunity to deny the accusations and explain their behavior. If the student requests that other persons be questioned, the principal shall talk to them, when possible. If the student makes a reasonable defense based on information which cannot be immediately investigated, the principal will postpone any disciplinary action for a reasonable time until such information can be investigated. If the principal/designee deems it necessary, the police or other legal authorities may be included in the investigation. The principal shall give the student an explanation of the results of the investigation and shall inform the student as soon as possible of any disciplinary action to be taken.

There are several types of suspension available. Unless otherwise required by Board of Education policy or statute, the principal has the authority to determine what type of suspension, if any, the misconduct requires. Except when a student’s continued presence presents an immediate danger, a student may not be suspended from a class, school or school related event or activity until the student has been advised of the nature of his misconduct, questioned about it, and been allowed to give an explanation.

The removal of a student from his class by the classroom teacher, principal or other authorized school personnel for the remainder of class period or for the remainder of a school day, and their placement in another room on the school campus shall not necessarily be an in-school suspension and shall not be entitled to the procedures set forth below. The principal has the authority to decide whether a removal shall be considered a suspension.

1. In-School Suspension. A principal has the option, depending on the severity of the offense, of suspending any student from attendance at a specific class, classes or school sponsored events or activities without suspending such student from attendance at school. This shall be known as in-school suspension. Students given in-school suspension are required to complete their academic assignments. Any student given an in-school suspension in excess of one (1) day must attend either special classes attended only by students guilty of misconduct or be placed in an isolated area appropriate for study. Good and sufficient reasons for in-school suspension include, but are not limited to:
   • Behavior which adversely affects the safety and well-being of other students;
   • Behavior which disrupts a class or school sponsored event or activity;
   • Behavior prejudicial to good order and discipline occurring in class, during school sponsored events or activities, or on the school campus.
2. Summary Suspension. If the principal witnesses or has knowledge of any serious student misconduct and thinks that immediate removal of the student is necessary to restore order or to protect persons on the school grounds, they may suspend the student immediately for not more than two (2) school days. In such cases, the principal is not required to investigate before suspension, but shall carry out such an investigation and decide on further disciplinary action, if any, by the end of the school day following the summary suspension. Once a principal has decided to suspend a student summarily, they shall follow the procedures for sending a student home during the school day.
3. Out-Of-School Suspension for not More than Ten Days. When a principal deems it appropriate, they may suspend a student from attendance at school for not more than ten (10) consecutive days. If the principal determines it is in the best interest of the student, they may place the student in an assigned area of the school with the same consequences as for an out of school suspension.
4. Removal from School for More than Ten Days (Expulsion). A principal, with due cause, may expel a student. Expulsion is defined as removal from school for more than ten (10) consecutive days or more than fifteen (15) days in a month of school attendance.

When a student is suspended (except for in-school suspension), the principal shall attempt to reach the student’s parent, legal guardian, or legal custodian (hereinafter the term “parent” includes parent, legal guardian, or legal custodian) to inform them of the school’s actions and to request that they come to the school for their child. If the parent/guardian is unable to come for their child, the student shall remain at school until the close of the school day, unless, with the parent’s/guardian’s consent or in the principal’s judgment, the student can be provided transportation home. In a situation where the principal is not able to reach a parent/guardian and because of violations of school rules the principal is not able to keep a student on school grounds and restore order or protect others, the principal will call local law enforcement to assist in removing the student from school premises.

A principal may suspend any student from attendance at such school, including its sponsored activities, for good and sufficient reasons, including, but not limited to, the following:

• Willful and persistent violation of the rules of school;
• Immoral or disreputable conduct or vulgar or profane language;
• Violence or threatened violence against any person attending or assigned to any school;
• Willful or malicious damage to real or personal property of the school, or the property of any person attending or assigned to the school;
• Inciting, advising or counseling of other to engage in any of the act enumerated above;
• Marking, defacing or destroying school property;
• Possession of a pistol, gun or firearm, or a facsimile thereof, on school grounds or at school sponsored events or activities;
• Possession of a knife or blade on school property or at school sponsored events or activities;
• Assaulting any person attending or assigned to any school with vulgar, obscene or threatening language;
• Bullying;
• Unlawful use or possession of barbital or legend drugs or any other intoxicant on school property or at school sponsored events or activities;
• Two or more students initiating a physical attack on an individual student on school property or at school sponsored events or activities, including travel to and from school;
• Making a threat, including a false report, to use a bomb, dynamite, any other deadly explosive or destructive device including chemical weapons on school property or at school sponsored events or activities;
• Engaging in behavior which disrupts a class or school sponsored event or activity;
• Off campus criminal behavior which results in felony charges when the continued presence of the charged student in school poses a danger to persons or property or disrupts the educational process; and
• Any other conduct which is prejudicial to good order or discipline in any school.

Upon suspension of any student other than for in-school suspensions of one (1) day or less, the principal shall:

1. Within twenty-four (24) hours notify the parent/guardian and the Superintendent of Schools or the Superintendent of Schools’ designee of:
   • The suspension, which shall be for a period of no more than ten (10) days;
   • The cause for the suspension; and
   • The conditions for readmission, which may include, at the request of either party, a meeting of the parent/guardian, student and principal.If applicable, the principal shall follow the procedures for sending a student home during the school day.
2. If the suspension is for more than five (5) days, the principal shall develop and implement a plan for improving the behavior which shall be made available for review by the Superintendent of Schools upon request.
3. If a suspension occurs during the last ten (10) days of any term or semester, the suspended student shall be allowed to take such final examinations or submit such required work as necessary to complete the course of instruction for that semester, subject to conditions prescribed by the principal or the final action of the Board of Education upon any appeal from an order of a principal continuing a suspension.
4. A student suspended from one school in the school system cannot enter another school in the system for the duration of the suspension. This does not preclude the principal’s assignment of the student to an alternative school.

Students with disabilities identified in the Individuals with Disabilities Act (IDEA) and served by an Individualized Education Plan (IEP) will be disciplined in accordance with Federal and State Regulations provided by this act and Johnson City Schools policy. Students with disabilities may not be suspended for more than 10 cumulative days in a school year without appropriate services being provided. Upon expulsion or suspension, educational services will be provided as determined by the IEP team.

Terms and conditions for participation in alternative programs will be specified in writing, and a student must agree to such terms and conditions prior to admission. The student shall not acquire any right or privilege to participate in any alternative program except as mutually agreed upon by the student and the staff in charge of the program. In order to remain in the program, the student must meet all the terms and conditions imposed. Failure of the student to do so, based upon the judgment of the staff, shall be grounds for termination of participation of the student. Termination of participation shall not entitle the student to enter any other program.

1. Out of School Suspension for Not More Than Ten Days: A school principal may provide an alternative placement in lieu of out-of-school suspension for not more than ten (10) days. Any student eligible to attend Johnson City Schools who has been suspended, withdrawn, or terminated from the basic educational program may be enrolled in an alternative program as established by the school staff and approved by the Board, but only on terms and conditions specified for that program and only upon the recommendation of the suspending principal.
2. Out of School Suspension for More Than Ten Days (Expulsion) for Students in Grades 1-6 (TCA 49-6-3402): A school principal may assign a student to an alternative program in lieu of out-of-school suspension for more than ten (10) days (expulsion) on terms and conditions specified for that program.
3. Out of School Suspension for More Than Ten Days (Expulsion) for Students in Grades 7 – 12 (TCA 49-6-3402):

• Attendance in alternative placement is mandatory for students in grades 7-12 who have been suspended for more than ten (10) days from the regular school program if there is space and staff available.
• Attendance in alternative program is not mandatory for students in grade 7–12 who have been expelled from the regular school program for committing a zero-tolerance offense. The Superintendent of Schools or their designee shall determine whether to assign a student who has been expelled from the regular school program to an alternative placement on a case-by-case basis.

1. To appeal an in-school suspension or out-of-school suspension of ten (10) school days or fewer, the parent/guardian, or the student if 18 years old or older, shall file a request, either orally or in writing, for permission to return to the regular classroom, in cases of in-school suspension, or to school, in cases of out-of-school suspension, to the principal as soon as possible, but in no event later than two (2) days after the suspension.
2. Upon receipt of the request, the principal shall schedule a meeting with the student and parent(s)/guardian(s) to hear reasons for the request.
3. The principal shall make a written response to the request. If the student is allowed to return to the classroom or to school, no further action is required. If the student’s suspension is upheld, the matter may be appealed to the Superintendent for a review of the appropriateness of the procedures. The authority for in-school suspension or out-of-school suspension of up to and including ten (10) school days lies solely with the principal.

1. If a student is suspended for more than ten (10) days or remanded to an alternative placement for more than ten (10) days, the principal must immediately give written notice to the parent/guardian and the student of the right to appeal the decision to the Disciplinary Hearing Authority (DHA), which is appointed by the Board of Education.
2. All appeals must be filed with the principal, either orally or in writing, within five (5) days of receipt of the notice. Appeals may be filed by the student, the parent/guardian, or upon request of the student, by any person holding a teaching license who is employed by the school system.
3. When an appeal is filed, the DHA shall hold a hearing no later than ten (10) days after the beginning of the suspension or removal. The DHA shall give written notice of the time and place of the hearing to the parent/guardian, the student and the school official designated above who ordered the suspension. Notice shall also be given to any employee referenced above who requests a hearing on behalf of a suspended student. The Superintendent/designee may schedule a different date for the appeal hearing if the student, the principal, or one of the Disciplinary Hearing Officers shows a good and sufficient cause.
4. The parent/guardian, or the student if 18 years old or older, shall be notified of the DHA’s decision by certified letter within five (5) school days following the hearing.

The Disciplinary Hearing Authority (DHA) is established by the Board of Education to conduct hearings of suspension appeals. The DHA is to consist of three (3) to five (5) members, appointed to a one (1) year term and subject to reappointment. Each hearing must be conducted by at least three (3) members of the DHA, one of whom must be a principal or assistant principal, but not from the home school of the suspended student. The Superintendent of Schools/designee serves as chairman of the DHA.

The Chairman shall:

• Identify the members of the DHA assigned to hear each appeal.
• Be available before the hearing to answer questions that a parent/guardian or student may have about the proceedings.
• Take full charge of the hearing by directing its proceedings and controlling the conduct of all persons present subject to procedural requirements.
• Write the DHA’s findings of facts and recommendations for action. The Chairman has the authority to delegate this responsibility to another member of the DHA.
• Transmit the DHA’s written findings and recommendations to the Superintendent, the principal and the parent/guardian or the student if 18 years old or older.

No person who was a witness to or has been involved in the investigation of the student’s alleged misconduct, or who could be called to give testimony to the DHA, shall serve as a member of the hearing board.

When multiple students are charged with violating the same rule and have acted in concert and the facts are basically the same for all students, a single hearing may be conducted for them if the Chairman of the DHA believes that the following conditions exist:

• A single hearing will not be likely to cause confusion; and
• No student will have their interest substantially prejudiced by a group hearing. If, during the hearing, the Chairman finds that a group hearing will prejudice a student’s interest, they may order a separate hearing for that student.

At least two (2) days before an appeal hearing the signed statements of all persons on whose information the charges are based, and any additional information related to the alleged misconduct, shall be available for review in the principal’s office. These statements may be examined and copied by the student, parents/guardians or any representative, at the student’s expense. If the principal receives additional material that will be used at the hearing, they must promptly notify the parent/guardian or the student if 18 years old or older and make the material available for review.

The student shall file with the principal, at least two (2) days prior to the hearing, signed statements of any persons who have defensive information that they wish to have considered at the hearing, including the student’s own statement if they wish make one.

All statements must set out, with some particularity, the information known to the persons making them. For example, if a student is charged with consistently failing to follow a teacher’s directions, the consistent nature of the failures must be specifically described.

1. Closed Hearing The appeal hearing shall not be open to the general public. The Superintendent of Schools/ designee, the principal/designee, the student, the student’s parent(s)/guardian(s), the student’s representative and any witnesses may attend the hearing. Any of the attendees may give testimony. Upon the request of the Chairman, the principal, the student, the student’s parent/guardian or the student’s representative, witnesses may be excluded from the hearing except when they are giving information or are being questioned by the DHA.
2. Student May Remain Silent The student may speak in their own defense and may be questioned on their testimony or may choose not to testify. No student shall be threatened with punishment or later punished for refusal to testify.
3. Record of the Hearing The Chairman shall provide for making a summarized transcript of any information orally presented at the hearing. Statements and other written matter presented to the DHA should be kept on file by the Superintendent.
4. Principal’s Presentation of Statements and Records It shall be the principal’s duty to present to the DHA at the hearing the signed statements of all persons known to have information about the student’s alleged misconduct. These shall be the same statements that previously have been available to the student in the principal’s office and those statements that the student has submitted to that office. Upon the request of the student, the parent/guardian, the student’s representative or the DHA, the principal shall submit to the DHA the student’s record of previous behavior and their academic record. If the principal or the DHA deems it necessary, the information contained in such records shall be explained and interpreted to the DHA by a person trained in their use and interpretation.
5. Use of Witness The appeal hearing shall consist of a review of the statements and records presented by the principal under section D and any statements or records presented by the student, parent/guardian, or student representative in the student’s defense. Any written statements from a person not present must be dated and signed by the person making the statement.
6. Examination of Witness Members of the DHA, the principal, the student, the parent/guardian, or the student’s representative may question witnesses, the student, or the principal about any matters logically relevant to the charge(s) against the student and the proper disposition of the matter. The Chairman is responsible for limiting unduly long, repetitious, unproductive, or irrelevant questioning.
7. Role of the Parent/Guardian The parent/guardian should be present at the hearing and shall have an opportunity to make a statement to the DHA regarding their opinion about the proper disposition of the case and to answer questions. Any statement the parent/guardian makes needs not be filed with the principal before the hearing. The parent/guardian should be able to advise the student during the hearing. If allowed by section F, the parent/guardian may also question any witness.
8. Adult Representative in Addition to Parents/Guardians If the parent/guardian cannot be present or if the student or their parent/guardian thinks the student’s interest can be better protected by the presence of an additional adult at the hearing, the student may bring another adult to the hearing. The non-parent/non-guardian adult may act as a representative in the defense of the student and shall have the right to present and question witnesses, make a statement on the nature of the evidence and the proper disposition of the case, and otherwise assist the student. The non-parent/non-guardian adult may be an attorney. If the Chairman thinks the presence of the school board attorney will be helpful at the hearing, they may request the school board attorney’s presence.

The DHA shall make a decision on whether the student’s due process rights were violated and the appropriateness of the disciplinary action. The DHA may affirm the decision of the principal, order removal of the suspension, unconditionally or upon such terms and conditions as it deems reasonable, assign the student to an alternative program, or suspend the student for a specified period of time. The decision must be based solely on the evidence presented at the hearing and should state substantial findings of fact on which the DHA’s decision rests. The determination should explain, in terms of the needs of both the student and the school, the reasons for the particular action taken. The parent/guardian shall be notified of the DHA’s decision by certified letter within five (5) school days after the hearing. A written record of the proceedings, including a summary of the facts and the reason supporting the decision, shall be made by the DHA.

The student or principal may appeal within five (5) school days of their receipt of the decision of the DHA, first to the Superintendent of Schools and then to the Board of Education. Absent a timely appeal, the decision will be final.

The student or principal may appeal the decision of the DHA to the Superintendent of Schools within five (5) school days. This appeal must be in writing. The Superintendent shall set a date for a review hearing within six (6) school days and notify the student by certified letter of the time and place of the hearing. The appeal to the Superintendent shall be solely on the record of the hearing before the DHA, except for the new evidence which has come to light and may affect the outcome of the appeal. The Superintendent shall notify the student and principal of their decision within five (5) school days. Notice to the student shall be by certified mail.

If a student or principal wishes to appeal the decision of the Superintendent of Schools, the appeal shall be by a letter directed to the Board of Education within five (5) school days of receipt of the decision of the Superintendent. The Board of Education, meeting in regular or special session, and based upon a review of the record, may grant or deny a request for a Board hearing, and may affirm or overturn the decision of the DHA without a hearing, provided the Board may not impose a more severe penalty than that imposed by the DHA without first providing an opportunity for a hearing before the Board.

If a hearing is granted, the Chairman of the Board of Education/designee shall, within six (6) school days of the decision to grant a hearing, set a date for a hearing before the Board of Education and shall notify the student and the principal of the date, place, and time that such hearing will be held. Such notice to the student shall be by certified mail. The hearing shall be held within twenty (20) school days from the date of the decision to grant a hearing unless circumstances in the discretion of the Board require a later date. The hearing shall be closed to the public unless the student or student’s parent/guardian requests in writing within five (5) days after receipt of written notice of the hearing that the hearing be conducted as an open hearing. The hearing will be based on the entire file and record in the matter and such new or additional material evidence as the staff and/or the student and/or their representatives may wish to introduce. The action of the Board of Education shall be final.

In order to ensure a safe and secure learning environment free of drugs, violence and dangerous weapons, any student who, while on a school bus, on school grounds, or while attending any school event or activity, engages in the following behaviors shall be expelled from school for a period of not less than one (1) calendar year. The Superintendent of Schools has the authority to modify this expulsion requirement on a case-by-case basis.

Incidents that result in expulsion for one year are:

• Unlawful possession of any drug, including any controlled substance, controlled substance analogue, or legend drug on school grounds or at a school-sponsored event.
• Commission of aggravated assault or commission of an assault that results in bodily injury upon any teacher, principal, administrator, any other employee of an LEA or a school resource officer.
• Possession of a firearm on school grounds or at a school sponsored event.
• Threatening mass violence, meaning an act which a reasonable person could conclude would lead to serious bodily injury or death of two or more persons, on school property or at a school-related activity.

A student who has committed an offense which results in a mandatory one (1) year expulsion shall be entitled to ask for a hearing at which time any statements, explanations, evidence, or excuses for failures will be heard and recorded by the staff. Action of the staff following this hearing shall be final except that a student may request, in writing, a review by the Superintendent. The Superintendent shall decide whether or not to sustain the action of the staff based upon a review of the entire file as presented.

The mandatory one (1) year penalty will be enforced for all violations listed above, including first offenses. Upon a first offense, the student and/or parent/guardian on behalf of the student may apply for readmission after thirty (30) days out of school. Upon the second or more offense, the student and/or parent/guardian may apply for readmission after sixty (60) days out of school.

Before readmission will be considered, the following conditions must be met:

• The student and/or parent/guardian seek(s), and the student has received, a psychological evaluation and/or help from an institution accredited to diagnose the need for counseling and/or treatment for alcohol/drug abuse. In cases of drug or alcohol violations, evaluation or assistance must be from a certified drug/alcohol abuse counselor or a counselor approved by the administration.
• An authorized official of the accredited institution or organization who is qualified to do so certifies that the student either does not need treatment and/or rehabilitation or has completed a program of treatment and/or rehabilitation and is ready for successful re-entry into the school system. In cases of drug or alcohol violations, certification must be by a certified drug/alcohol abuse counselor.

Requests for all readmissions must be filed, in writing, with the office of the principal. A readmission hearing may be scheduled to consider the request. Consideration will be given to the reasons for the long-term suspension and the length of time the student has been out of the regular school program. The principal will hear from the student and/or parent/guardian any evidence or justification in support of readmission and will make a recommendation to the Superintendent regarding readmission.

Upon application for readmission, the principal may take into consideration such factors as previous suspensions, patterns of misconduct, attitudes adversely affecting progress and efficiency of the educational process, and whether readmission is in the best interest of the student in order to accomplish rehabilitation.

Upon recommendation by the principal, alternatives to the mandatory penalty may be offered by way of a contract between the school and the student. The parent/guardian must be aware of the terms of the contract and encouraged to attend a conference with the student to plan for its implementation, and may be asked to accept some responsibility, along with the student, for seeing that its conditions are met. If conditions of the contract are not met, the mandatory penalty process will be initiated. All alternatives to a mandatory penalty must be approved by the Superintendent of Schools.