HOOVER CITY SCHOOLS STUDENT DISCIPLINE CODE OF CONDUCT

Introduction

The Hoover City Board of Education requires that school personnel will operate the schools in a manner that will provide an orderly process of education and that will provide for the welfare and safety of all students in the District.  To accomplish these goals, students and school personnel must work together in a school environment that is characterized by mutual respect.  The emphasis of the discipline approach shall be on the prevention of inappropriate student behavior and the development of individual responsibility.  Even though discipline does not appear as a subject in the curriculum, it underlies the entire educational structure.  Discipline is recognized as the training that helps students develop self-control, character, orderliness, efficiency, and effectiveness.  Therefore, the Board views discipline as the key to good conduct and appropriate consideration for other people.  Principals, teachers, and other school personnel have both the authority and the duty to take appropriate action whenever student behavior is not consistent with established rules of conduct.

Principals and teachers of the schools shall develop reasonable, proper, and specific rules for students.  Such rules must be based on policies of the Board and be directed toward the improvement of education within the schools.  Principals shall be responsible for ensuring that students, parents/guardians, and staff members have been informed regarding pertinent student policies and procedures.  Rules and regulations shall be disseminated to students, parents/guardians, and staff.  Student handbooks, faculty handbooks, school newsletters, PTA/PTO/PTSO meetings, and classroom instruction are some of the ways that can be used to accomplish this task.

Hoover City Board of Education students and their property are subject to all the rules and regulations of the Hoover City Board of Education during the school day, during school-sponsored activities, while on or in School Board property and facilities, while being transported on school buses, and at times and places, including but not limited to, school-sponsored events, field trips, athletic functions, and other school-related activities.  All regulations and prohibitions also apply to automobiles and other property brought onto Board property.  In addition to the foregoing, application of this Code of Student Conduct may be extended to the immediate vicinity of the school, as well as before, during, and after-school hours when and where student conduct could have a detrimental effect on the health, safety, and welfare of other students and the school or where the conduct could otherwise disrupt the educational process.

Student Rights and Responsibilities

The Board views the school as a place where students have the opportunity to experience academic and social success.  Success contributes to positive student self-esteem, which, in turn, translates into positive student behavior.  By providing opportunities for students to learn concepts, practice skills, and reinforce learning, a positive environment shall be created which promotes academic and social success.

The total school program focuses on developing each student as a competent, self-disciplined and self-directed learner of good character.  Thus, emphasis is placed on teaching responsibility for one’s behavior, modeling the behaviors desired of students, and identifying and resolving inappropriate behaviors.  At all times, discipline is built within an atmosphere of self-respect, respect for others, and respect for the learning environment.

School policies are intended to allow for opportunities for students to develop self-discipline while providing boundaries within which individuals find emotional and physical security.  It is essential that all persons (students, school personnel, and parents) accept responsibility for their actions.  It is equally important that inappropriate behaviors be skillfully confronted and redirected.

Students must understand that, while these policies provide a means for resolving misconduct or inappropriate behaviors, certain violations will result in removal from the regular instructional program.  In all such cases, and throughout all other phases of school activities, students and parents have a right to expect assistance from and professional involvement with school personnel.

Students, parents, and staff must work cooperatively to support the rights of students while helping students accept responsibility for their academic and social growth.

The Board authorizes the Superintendent to establish procedures to accomplish the intent and spirit of the Board policies related to student rights and responsibilities.

Discipline

Discipline (rules and regulations) shall at all times reflect fair and reasonable exercise of authority, being neither arbitrary, capricious, discriminatory, nor otherwise unreasonable.  Procedural due process, to the extent of its applicability in any particular situation, shall be afforded students prior to imposition of consequences (see Board policy JCAA).  Due process afforded shall be commensurate both with the gravity of the offense and the severity of the contemplated penalty.

The Board expects all school personnel, including bus drivers, lunchroom personnel, custodians, and secretaries in the schools to be treated with respect and dignity just as the student should receive the respect of staff members.  It is imperative that the teacher be in charge of the class; anything less would lead to a poor educational opportunity for all.  All schools in the Hoover School System operate on a "closed campus" policy.  This means students must stay in the school building or on the campus from the time they arrive, even if the daily schedule has not begun, until they are dismissed.  Staff members are responsible for the supervision of students anywhere on school property as well as at any school activities away from school property.  Students who fail to follow the discipline policy will be subject to the discipline process.

Discipline Process:  Classroom Level

The greatest opportunity for students to learn self-esteem, self-discipline, and respect for others occurs in the classroom under the direction of the classroom teacher.  Teachers shall plan and implement effective personal and instructional strategies which are designed to encourage self-respect and respect for others and to prevent and manage student misbehavior.

When a student shows a lack of respect for established rules, teachers shall assist the student in recognizing the inappropriate actions, identifying the rule the student is breaking, and developing a plan for making more appropriate choices. Teacher/student conferences, teacher/parent/guardian conferences, teacher/student/parent/guardian conferences, counseling services, and instructional support will be used in an attempt to redirect students before situations warrant punitive measures.

Teachers shall apply logical, appropriate consequences for student misbehavior, including, but not limited to, immediate intervention, student conferences, parent/guardian conferences, loss of free time, and before and after school detention.  Student misconduct which is serious or frequent enough to cause significant disruption in the instructional program shall be referred to an administrator for appropriate disciplinary action.

Discipline Process:  Administrative Level

The principal is ultimately responsible for the orderly operation of the school program.  The principal, with the assistance of his/her staff, will maintain an atmosphere or climate within each school that will support and allow for a strong teaching/learning environment.  Failure of any student to adhere to classroom or school rules may result in the imposition of appropriate consequences by the principal/ designee. Consequences which require students to attend school during non-school hours will be assigned with adequate student/parent/guardian notification prior to the consequence, and transportation will be the responsibility of the parent/guardian or student.  Individual schools will develop specific rules and guidelines for the administration of consequences.  Such consequences may include but are not limited to the following:

• Supervised Plan for Correction of Misbehavior;
• Detention;
• Bus Suspension;
• Saturday School;
• Work/Clean Up Program;
• Restitution for Damages;
• Supervised Time Out;
• Required Parent Conference; 
• Intensive School Supervision (ISS);
• Out of School Suspension (OSS);
• Alternative School Placement (Crossroads);
• Recommendation for Long-Term Suspension or Expulsion.

Description of Consequences

Supervised Plan for Correction of Misbehavior:  A supervised plan for correction of misbehavior may be designed to address persistent, disruptive, or continued disregard for general school rules.

Detention:  A student may be detained for disciplinary purposes before, during, or after school and will be under the supervision of a school staff member.

Bus Suspension:  A student who misbehaves on the bus or one who demonstrates misbehavior at the bus stop may lose the privilege of riding the bus for a period of time.  The period of time that a student is suspended from riding the bus may range from one day to removal for the remainder of the school year.

Saturday School:  A student may be assigned Saturday school for a duration of from one to four hours and will be under the supervision of a school staff member.

Work\Clean-up Program:  A student may be assigned to a school work\clean-up program for disciplinary purposes and will be supervised by a staff member.

Restitution for Damages:  A student or his/her parent may be assessed the exact amount of replacement/repair/service costs which result from damage to school property or the property of others caused by the student.  In addition, disciplinary action may be taken.  A parent/guardian contact will be made and a payment schedule determined by the student, parent/guardian, administrator, and other appropriate persons.

Supervised Time-Out:  A student may be temporarily denied attendance in regular classes for disciplinary purposes.  The student will have the opportunity to complete missed work.

Required Parent Conference:  A student whose behavior requires parental/guardian intervention may be asked to remain at home until a conference is convened with the student, a parent/guardian, and an administrator.

Intensive School Supervision (ISS):  A student may be temporarily denied attendance in regular classes for disciplinary purposes.  A student assigned to ISS will continue to come to school and receive credit for completed assigned work; however, he/she will be isolated from the school's student population.  While in ISS a student may not attend school activities nor enroll in another Hoover City school until the ISS assignment is completed.  Parent/guardian notification of the ISS placement will be made.

Out of School Suspension (OSS):  A student may be temporarily denied attendance at school for disciplinary purposes.  A school administrator may assign short-term suspensions not to exceed the number of days allowed by law.  A suspended student shall not attend school or any school-related activities during the suspension nor enroll in another Hoover City school until the suspension is completed.  A suspended student will not return to regular classes on the day of the suspension but will leave school only when the parent/guardian or other proper authority assumes responsibility for the student.  A school conference shall be convened prior to the student returning to classes and will include the student, a parent/guardian, an administrator, and other appropriate persons.

Alternative School Placement (Crossroads): Under certain conditions, the Board authorizes the placement of students in the Hoover City Schools’ Crossroads School, an alternative school program that is housed in a facility separated from any of the regular school programs.  The education program of the Crossroads School is based on two different and distinct approaches:  The New Beginnings Program and the Second Chance Program.

New Beginnings is a nontraditional alternative learning program designed for 6th-12th grade students not experiencing school success for a variety of reasons within their traditional middle/high school settings.  This program helps students receive the social/emotional support they need to achieve school success in a smaller nontraditional educational setting.   The program places a strong emphasis on how to achieve excellence during times of personal adversity that will enable them to become productive, contributing citizens.  In order to be accepted in New Beginnings, a student must apply and meet the criteria required in the application process.  Students accepted into the New Beginnings program might request to attend Crossroads School for a semester, the remainder of the school year, or until graduation. 

Second Chance is a program designed for 6th – 12th grade students who violate Hoover City Schools’ Student Discipline Code of Conduct.  Placement in the Second Chance Program may be offered in lieu of long-term suspension or expulsion from Hoover City Schools.  Parents/guardians of all students placed in the Second Chance Program will be given written information regarding the placement at the required Intake Conference with designated Crossroads personnel.  While assigned to the program, students are not allowed to return to their base school or any Hoover school, nor are they allowed to participate in any extra-curricular activities involving Hoover schools.  A student who has successfully completed assignment to the Second Chance Program and is re-enrolled at the regularly assigned school may participate in all school activities.

Appeals

Students charged with and disciplined under Class I or Class II procedures will not have the right to appeal any decision beyond the local school level.  Class III consequences may be appealed to the Board of Education.  Procedures for appealing Class III consequences will be detailed in a district procedure manual that will be available on the District web site and at each secondary school office.  (See also page 41 under heading “Complaints, Grievances, and Appeals).

Recommendation for Long Term Suspension/Expulsion

Serious misconduct or continuing misconduct of any student may be referred to the Superintendent with a recommendation for a long-term suspension (more than ten {10} days) or possible expulsion.  After review of the case, the Superintendent may (1) uphold the long term suspension, (2) make a recommendation for expulsion to the Board, or (3) refer the case back to the principal for reconsideration.

The Board has the exclusive authority to expel a student from school.  The Board shall convene a hearing and shall render a decision within ten (10) days of the Superintendent's recommended expulsion. A student shall remain suspended from school pending the decision.  The Superintendent shall notify the parent/guardian, in writing, of action taken by the Board.

Misconduct

Violations of the Hoover City Board of Education’s Code of Student Conduct are generally grouped into three classes – Minor Offenses (Class I), Intermediate Offenses (Class II), and Major Offenses (Class III).  The disciplinary procedures for each class may be different, depending on the recommended action which is to be taken. 

Some problems are best handled by classroom personnel without resorting to the more formal procedures contained within this Code of Student Conduct.  Accordingly, each classroom teacher may deal with general classroom disruption by taking in-class disciplinary action, by making oral or written contact with the child’s parent or guardian when feasible, and by scheduling conferences with parents, guardians, and other school staff.  If the action taken by the teacher is ineffective or the disruption is, in the teacher’s judgment, sufficiently severe, the student may be referred to the principal or his or her designee.

When a student is referred to the principal or his or her designee, the principal will have the discretion to determine the nature and classification of the offense committed by the student.  Each student will be allowed to provide an explanation – to admit or refute any charges – prior to any final disciplinary action taken.

For any offense for which an in-school parent conference is required, it is the parent’s or guardian’s responsibility to make arrangements for the conference within twenty-four (24) hours of being notified of the problem.  No student will be allowed to return to school until the parent or guardian conference is held (administrative exception may be made on individual basis).

For offenses which are being investigated as a Class III offense, the principal or designee should apprise the student of the suspected or pending charges and should provide the student with an opportunity to admit or refute those charges.  Any charges involving alcohol, drugs, weapons, aggressive behavior, or a suspected crime may result in intervention by law enforcement authorities.  Any items of a dangerous or illegal nature may be confiscated and turned over to law enforcement authorities immediately.

Student misbehaviors that occur during school, on school property, or on school buses, or at school-sponsored or related events are serious and require administrative intervention.  While some misconduct would require repeated violations to be considered “serious”, a single incident of other misconduct may warrant serious consequences.  Students who break the law may also be reported to the police.  Law enforcement action or the lack thereof does not dictate or govern school disciplinary action.  The following list of misbehavior is not all inclusive.

CLASS I         MINOR OFFENSES

1.00  EXCESSIVE DISTRACTION OF OTHER STUDENTS - Any conduct and/or behavior which are disruptive to the orderly educational process in the classroom, or any similar grouping for instruction, which cannot be corrected by appropriate classroom management.

1.01  UNEXCUSED TARDIES – Each High School will use current tardy procedure. 

1.02  NONCOMPLIANCE TO DRESS CODE 

1.03  CLASS I BUS INFRACTIONS LISTED ON PAGE 35-36 

1.04      INAPPROPRIATE PUBLIC DISPLAY OF AFFECTION 

1.05      HORSEPLAY/SHOVING/RUNNING/MINOR DISRUPTION 

1.06      CONTINUED FAILURE TO BRING MATERIALS TO CLASS 

1.07      UNAUTHORIZED POSSESSION OF AUDIO AND/OR VIDEO DEVICES OR OTHER TECHNOLOGICAL DEVICES/MATERIALS 

1.08      POSSESSION OF A LASER POINTER OR OTHER SIMILAR DEVICES 

1.09      FAILURE TO FOLLOW INSTRUCTIONS

1.10      ANY OTHER VIOLATION WHICH THE PRINCIPAL MAY REASONLY DEEM FALLS IN THIS CLASS 

POSSIBLE ACTIONS:   

• TEACHER/COUNSELOR/ADMINISTRATIVE INTERVENTION
• PARENT NOTIFICATION/CONFERENCE
• WORK/CLEAN-UP PROGRAM
• SUPERVISED PLAN FOR CORRECTION OF MISBEHAVIOR
• DETENTION
• INTENSIVE SCHOOL SUPERVISION (ISS)
• SATURDAY SCHOOL
• SHORT TERM BUS SUSPENSION (1-3 DAYS)

CLASS II        INTERMEDIATE OFFENSES

2.00  DEFIANCE OF SCHOOL BOARD EMPLOYEE'S AUTHORITY - Any verbal or nonverbal refusal to comply with a lawful and reasonable direction or order of a school board employee or any other adult at the school. 

2.01      POSSESSION AND/OR USE OF TOBACCO PRODUCTS, INCLUDING LIGHTERS AND MATCHES 

2.02      FIGHTING - Physical conflict between two individuals.  See 3.15, 3.16, 3.22. 

2.03      VANDALISM - Intentional and deliberate action resulting in injury or damages of less than $200.00 to public property or the real estate or personal property of another. Restitution will be required. 

2.04  STEALING, LARCENY, THEFT - The intentional taking and/or carrying away of property belonging to or in the lawful possession or custody of another. 

2.05  POSSESSION OF STOLEN PROPERTY WITH THE KNOWLEDGE THAT IT IS STOLEN 

2.06      LITTERING OF SCHOOL PROPERTY, SCHOOL BUSES, OR OTHER SITES OF SCHOOL ACTIVITY 

2.07  TRESPASSING - Willfully entering or remaining in any Hoover City Board of Education structure, school buses, or on Hoover City School property without being authorized, licensed, or invited; or having been authorized, licensed, or invited, is warned by an authorized person to depart and refuses to do so. 

2.08  POSSESSION OF FIREWORKS, FIRECRACKERS, STINK BOMBS, OR OTHER SIMILAR DEVICES 

2.09      FAILURE TO SERVE SCHOOL-BASED DISCIPLINE ASSIGNMENT SUCH AS DETENTION,       SATURDAY SCHOOL, ETC.           

2.10      USE OF PROFANE OR OBSCENE LANGUAGE OR DIRECTING OBSCENE OR PROFANE LANGUAGE OR GESTURES TOWARD ANOTHER STUDENT 

2.11      LEAVING SCHOOL GROUNDS WITHOUT PERMISSION OR BEING TRUANT FROM CLASS OR SCHOOL 

2.12      DISRESPECT - Any verbal or nonverbal conduct of a rude or discourteous nature directed toward a School Board employee or any other adult at the school. 

2.13      FALSE INFORMATION - Intentionally providing false information to a School Board employee or any other adult at the school including giving false student information or concealment of information directly relating to school business. This includes forgery of school notes, readmittance slips, tardy slips, excuse slips, report cards, hall passes, field trip forms, notes from parents or guardians, or any other material required by the school. 

2.14      UNAUTHORIZED ORGANIZATION – Participation at school or school-sponsored activities in, with or related to unapproved, prohibited or secret groups, gangs, clubs or sororities which exhibit or promote drug use, violence, criminal or disruptive behavior.  Prohibited activity shall also include, but not be limited to, wearing clothing or other attire which has an identifiable name or identifying sign or symbol of a gang.

2.15  THREAT, HARASSMENT, BULLYING, OR INTIMIDATION OF A STUDENT – Verbal or nonviolent behavior that causes physical and/or emotional harm to another.  Such behavior may include, but is not limited to, teasing, taunting, threatening, hitting, stealing or destroying personal property.  Harassing behavior will include unwanted, unwelcome and uninvited behavior that demeans, threatens or offends the victim and results in a hostile environment for the victim.   See also 3.19

2.16  VERBAL ABUSE - Speech or other expression which insults, degrades, demeans, or stigmatizes others.  

2.17      THE WEARING OF CLOTHING, POSSESSION OF WRITINGS OR DRAWINGS, OR THE USE OF GESTURES OR SIGNALS WHICH INDICATE GANG AFFILIATION

2.18      ANY VIOLATION OF THE STUDENT NETWORK ACCESS AND ACCEPTABLE USE AGREEMENT (This agreement will be provided for each student and parent to sign at the beginning of the school year.) See also 3.23. 

2.19      POSSESSION OF OBSCENE, PORNOGRAPHIC, OR SEXUALLY EXPLICIT MATERIAL 

2.20  THE UNAUTHORIZED USE OF A LASER POINTER OR OTHER SIMILAR DEVICES 

2.21      CHEATING – Copying another’s work; using unauthorized materials on quizzes/tests, etc. 

2.22      UNAUTHORIZED USE OF WIRELESS COMMUNICATION DEVICES - Students are not permitted to use wireless communication devices such as cellular telephones, pocket pagers or other electronic communication devices during school hours or while being transported on a school bus. Circumstances arising from the unauthorized use of wireless communication may result in a Class III offense. 

2.23  GAMBLING - Any participation in games of chance, such as flipping coins, matching, etc., for money and/or other items of value. Unauthorized possession of cards and/or dice or any participation in games involving these items. 

2.24  CLASS II BUS INFRACTION LISTED ON PAGE 29. 

2.25  DISRUPTIVE BEHAVIOR - Any act which substantially disrupts the orderly conduct of the school learning environment or a school function or poses a threat to the health, safety and/or welfare of students, staff or others. This includes, but is not limited to, students who make unreasonable noises, use obscene language or gestures, disrupt any lawful assembly or meeting, or obstruct vehicular or pedestrian traffic, or fighting. 

2.26      MULTIPLE CLASS I OFFENSES (3 TOTAL) OR CONTINUOUS SAME OFFENSES (3 TOTAL) 

2.27      ANY OTHER VIOLATION WHICH THE PRINCIPAL MAY REASONABLY DEEM FALLS IN THIS CLASS 

POSSIBLE ACTION:    

• TEACHER/COUNSELOR/ADMINISTRATIVE INTERVENTION
• PARENT NOTIFICATION/CONFERENCE
• REQUIRED PARENT CONFERENCE
• SUPERVISED PLAN FOR CORRECTION OF MISBEHAVIOR
• SATURDAY SCHOOL
• INTENSIVE SCHOOL SUPERVISION (ISS)
• OUT OF SCHOOL SUSPENSION (OSS)
• EXTENDED BUS SUSPENSION (MORE THAN 3 DAYS) 
• RESTITUTION

CLASS III          MAJOR OFFENSES

 3.00  ALCOHOL – Unauthorized possession, transfer, use or sale of alcoholic beverages; intent to use, buy, or sell alcoholic beverages, being under the influence of alcoholic beverages.

3.01  DRUGS – Unauthorized possession, transfer, use or sale of drugs or drug paraphernalia (including, but not limited to, water pipes, roach clips, pot pipes, bongs, rolling papers), intent to use, buy, or sell drugs; being under the influence of drugs. “Drugs” also includes all illegal controlled substances, prescription drugs, and over-the-counter medications.  Any other substance which might create a hazard to the user’s health or safety or the health or safety of another is prohibited. 

3.02      ARSON – The burning of any part of a building or its contents and/or other school property or the property of a person on school grounds or school buses. 

3.03      BATTERY UPON A SCHOOL BOARD EMPLOYEE – The intentional touching or striking of a School Board employee or any other adult at the school against his/her will or the intentional causing of bodily harm to a School Board employee or any other adult at the school. 

3.04  ROBBERY – The taking of money or other property which may be the subject of larceny from the person or custody of another by force, violence, assault, or putting in fear of same. Restitution will be required. 

3.05  STEALING, LARCENY, GRAND THEFT – The intentional taking and/or carrying away of property belonging to or in the lawful possession or custody of another. Restitution will be required. 

3.06      AGGRAVATED MISCHIEF – Willful and malicious injury or serious damage to public property, or to real or personal property belonging to another. Restitution will be required.   

3.07      ILLEGAL SCHOOL ENTRY – Breaking, entering or remaining in a Hoover School structure or school vehicles without permission or justification during the hours the premises are closed to the public. 

3.08  POSSESSION OF FIREARMS – Discharge, possession, transfer, or sale of any gun or any firearm or any device which will, or is designed to, or may readily be converted to expel a projectile; the frame silencer; any similar destructive device.  Using a firearms facsimile in a manner which is perceived as threatening or capable of inflicting physical harm.  A firearm is any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapons, any firearm muffler, or firearm silencer, any destructive device; or any machine gun.  A destructive device is any bomb, grenade, mine, rocket, missile, pipe bomb, or similar device containing some type of explosive that is designed to explode and is capable of causing bodily harm or property damage.  Includes firearms of any kind (loaded or unloaded).  Includes, but is not limited to, hand, zip, pistol, rifle, shotgun, starter gun, flare gun. 

Al Code 16-1-24.3 – All City and County Boards of Education shall develop and implement local policies and procedures requiring the expulsion of students, for a period of one year, who are determined to have brought to school or have in their possession a firearm in a school building, on school grounds, on school buses, or at other school-sponsored functions… 

3.09      POSSESSION OR USE OF A KNIFE - Possession of a knife including but not limited to:  Pocket knives, switchblades, hunting knives, razor blades, or box cutters.  Possession of any knife or other object which is used in a threatening manner and which is perceived by the individual being threatened as capable of inflicting physical harm.  

3.10      POSSESSION OR USE OF PROHIBITED OBJECTS - Possession or use of a gun, other than a firearm (including a starter gun, “BB” gun, pellet gun, or paint ball gun/marker), metallic knuckles, tear gas gun, chemical weapon or device, martial arts weapon, projectile device including, but not limited to, sling shot, cross bow, or any other similar object; possession or use of any other object to be used as a weapon or dangerous instrument.

3.11      BOMB THREATS – Any such communication(s) which has the effect of interrupting the educational environment. 

3.12  EXPLOSIVES – Preparing, possessing, or igniting on School Board property,  explosives (including live projectiles) which have the potential to cause bodily injury or property damage.  

3.13      POSSESSION OF FIREARMS FACSIMILES -   Discharge, possession, transfer, or sale of any facsimile or toy-type replica of a firearm or any other item resembling a firearm.  

3.14      SEXUAL OR LEWD ACTS – Acts of a sexual or lewd nature including, but not limited to, battery, intercourse, attempted rape, rape, or indecent exposure. 

3.15      BATTERY UPON STUDENT – Actual and intentionally striking another student against the will of the other student.                                                                                  

3.16      AGGRAVATED BATTERY – Intentionally causing bodily harm, disability, or permanent disfigurement; use of a weapon or other instrumentality causing physical harm.   

3.17  UNJUSTIFIED ACTIVATION OF A FIRE ALARM SYSTEM 

3.18  ANY OTHER OFFENSE WHICH IS REASONABLY LIKELY TO CAUSE HARM TO PERSON OR PROPERTY OR SERIOUSLY DISRUPT THE EDUCATIONAL PROCESS. 

3.19      AGGRAVATED: THREAT, HARASSMENT, OR INTIMIDATION OF A STUDENT-  A threat to do bodily harm or violence to another student by word or act; a threat to kill, maim or inflict bodily harm; a threat to inflict harm involving the use of any weapon, explosive, firearm, knife, prohibited object, or other object which may be perceived by the individual being threatened as capable of inflicting bodily harm; any threat in the form of a “hit list”, writing, statement, or communication evidencing a plan or intent to do violence to another. 

3.20  THREATS TO EXTORT -  Any communication maliciously threatening an injury to the person, property or reputation of another, with the intent to extort money or any pecuniary advantage whatsoever; or with the intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his/her will. 

3.21  EXTORTION – Compelling someone to do an act or refrain from doing an act against his/her will. 

3.22      INCITING, PROMOTING, PUBLICIZING, OR PARTICIPATING IN A MAJOR STUDENT DISORDER – Leading, encouraging, or assisting in disruptions which result in destruction or damage of private or public property or personal injury to participants or others. 

3.23  UNAUTHORIZED USE OF A COMPUTER OR COMPUTER SYSTEM WHICH RESULTS IN, BUT IS NOT LIMITED TO, THE FOLLOWING:

     (a)   Unauthorized access to a computer system resulting in data modification or disclosure of restricted information.

      (b)   Computer usage or tampering which causes a major disruption in the educational or administrative process.                 Student must also pay restitution for the cost of repairs.   

(c)       Distribution of restricted computer passwords.

(d)       Unauthorized access to computer sites.

(e)       Other computer violations as defined by the school administration.                         

3.24      REFUSAL BY STUDENTS TO HONOR THE LAWFUL REQUEST MADE BY HOOVER BOARD EMPLOYEES 

3.25  LIGHTING OR OTHERWISE DISCHARGING FIREWORKS, FIRECRACKERS, OR ACTIVATING STINK BOMBS, OR OTHER SIMILAR DEVICES 

3.26  DIRECTING OBSCENE OR PROFANE LANGUAGE OR GESTURES TOWARD A SCHOOL BOARD EMPLOYEE OR ANY OTHER ADULT AT THE SCHOOL 

3.27      HAZING AT SCHOOL OR AT SCHOOL SANCTIONED EVENTS, WHICH IS DEFINED AS FOLLOWS:

(a)              Any willful action taken or situation created which recklessly or intentionally endangers the mental or physical health of any student.

(b) Any willful act by any person alone or acting with others in striking, beating, bruising, or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise or maim or to do or seriously offer, threaten or attempt to do physical violence to any student of any educational institution or any assault upon any such student made for the purpose of committing any of the acts or producing any of the results to such student as defined herein.  

3.28  DISPLAY OR DISTRIBUTION OF OBSCENE, PORNOGRAPHIC, OR SEXUALLY EXPLICIT MATERIAL 

3.29  IMITATION CONTROLLED SUBSTANCES – Unauthorized possession, transfer, use or sale of a substance other than a drug, which, by dosage unit, appearance (including color, size, shape, and markings), and/or by representations made, would lead a reasonable person to believe that the substance is a controlled substance. 

3.30      ANY ACT ON A SCHOOL BUS THAT HAS THE POTENTIAL TO CAUSE HARM TO THE PASSENGERS, DRIVER, OR PROPERTY SURROUNDING THE BUS 

3.31  MULTIPLE CLASS II OFFENSES (3 TOTAL) OR CONTINUOUS SAME OFFENSES (3 TOTAL)   

3.32      SEXUAL HARASSMENT INCLUDING, BUT NOT LIMITED TO THE FOLLOWING:  OFFENSIVE TOUCHING WITH SEXUAL CONNOTATIONS, WRITTEN OR VERBAL PROPOSITIONS TO ENGAGE IN SEXUAL ACTS, USE OF OBSCENE MANIFESTATIONS (VERBAL, WRITTEN, GESTURE) TOWARD ANOTHER PERSON 

3.33      ANY OTHER VIOLATION WHICH THE PRINCIPAL MAY REASONABLY DEEM FALLS IN THIS CLASS 

POSSIBLE ACTION:

• PARENT NOTIFICATION/CONFERENCE
• OSS WITH PLACEMENT AT CROSSROADS
• ALTERNATIVE SCHOOL PLACEMENT (CROSSROADS)*
• EXPULSION
• PERMANENT REMOVAL FROM SCHOOL BUS
• RESTITUTION                                                                                       

*Administrators from Crossroads and the sending school will have the discretion to adjust the number of days a student spends at Crossroads.  This adjustment may be considered after the student has demonstrated appropriate behavior and performance while attending Crossroads.

Students with Disabilities

Students with disabilities, as defined by I.D.E.A. and the Americans with Disabilities Act, shall be subject to imposition of reasonable disciplinary measures in maintaining order and harmony and in providing an atmosphere conducive to learning for all students. However, disciplinary decisions affecting disabled students shall be made with reference to and in compliance with state and federal laws, rules, and regulations governing disciplinary practices and procedures.  The following factors shall also be considered in determining disciplinary measures for students with disabilities:

• the nature of the student’s disabling condition and the appropriateness of the discipline contemplated in light of that condition;
• the student’s Individual Education Program (IEP);
• the cause or causes of the disciplinary problem;
• the disciplinary history of the student;
• the student’s behavior intervention plan (if applicable);
• the availability and advisability of alternative disciplinary responses to traditional ones;
• recommendations, if any, from teachers and appropriate special education staff;
• environmental and other circumstances ordinarily taken into account in determining appropriate discipline for non-disabled students.

Search of Property

Desks, lockers, and other equipment at any school belong to the Board of Education.  Any school property may be searched by school officials. Law enforcement agencies are allowed to make periodic, unannounced visits to any local school for the purpose of detecting the presence of illegal drugs or other justifiable reasons.  These visits may be unannounced to anyone except the local Superintendent and building principal.  Further, school property may be examined by the school officials for other justifiable reasons.  Student’s property such as backpacks, handbags, automobiles, etc., may be entered and searched by school officials whenever there is reasonable belief that some substance or material is contained therein which is illegal, harmful to the safety of students, or significantly disruptive to the overall discipline of the school or is evidence of a crime or violation of this code.  Any items which are specifically prohibited by law or by Board policy may be impounded by school officials.  Such prohibited items shall include, but not be limited to, the following:  (1) knives of any size or type, including pocket knives, (2) other weapons, (3) tobacco, (4) drugs or drug paraphernalia of any sort, (5) alcoholic beverages, (6) pornographic material, and (7) property that is alleged to belong to another party.                                                                                                                         

Search of a Student’s Person

When reasonable suspicion exists, an administrator has the authority to conduct a search of a student’s person, including the check of coats, jackets, and other outerwear, shirt and pants pockets, purses and wallets, shoes, caps and hats, and other such items.  An appropriate law enforcement officer may be called to conduct the search of a student’s person when an administrator has reasonable suspicion that the student is in possession of contraband, other items harmful to the health and safety of students and staff, or evidence of a crime or a violation of this code.  The search shall be conducted in private by the police officer and in the presence of a school administrator or by a school administrator with another school employee present.  Should items which are illegal or contrary to Board policy be found, the board’s discipline process will be followed. 

Unlawful Conduct 

Misconduct which violates local, state, or federal laws and which occurs at school, on a school bus, or at a school-sponsored activity may result in notification of the appropriate law enforcement agency.  The Board reserves the right to file charges and to prosecute students engaged in conduct which violates local, state, or federal laws.  If a student is arrested and charged with a felony or with a drug, alcohol, or weapons related misdemeanor, the school's disciplinary procedure, up to and including expulsion, may be implemented.  This applies whether or not the incident leading to the arrest is school-related. 

Unless otherwise modified in connection with Alabama Code 16-1-24.3, the Superintendent will recommend expulsion of students, for a period of one year, who are determined to have brought to school or have in their possession a firearm in a school building, on school grounds, on school buses, or at other school-sponsored functions. 

Firearms, as defined by Alabama State Department of Education Prevention and Support Services, is as follows:  A firearm is any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapons, any firearm muffler, or firearm silencer, any destructive device; or any machine gun.  A destructive device is any bomb, grenade, mine, rocket, missile, pipe bomb, or similar device containing some type of explosive that is designed to explode and is capable of causing bodily harm or property damage.  Includes firearms of any  kind (loaded or unloaded).  Includes, but is not limited to, hand, zip, pistol, rifle, shotgun, starter gun, flare gun.   

Inappropriate Discipline 

At any point in the discipline process, actions which are designed to control behavior through the use of humiliation, degradation, or verbal abuse of students shall not be tolerated.  Any form of corporal punishment, including punitive physical contact, is prohibited.

DRESS CODE

The Hoover City Board of Education recognizes the effect which student dress and grooming have upon student behavior and commitment to learning.  It further recognizes the role of parents in assisting their children in making appropriate choices regarding clothing, accessories, and personal appearance.  In order to maintain an atmosphere conducive to learning, the Board requires that all students exercise good taste with regard to their personal appearance.  Attire considered disruptive or seriously distracts from the learning environment or that could present a health or safety problem is not appropriate.

With this in mind, the following rules concerning dress and grooming are mandatory for all students attending Hoover City Schools.  Students who fail to follow these rules will be subject to disciplinary action. 

1. Any clothing, appearance, or personal hygiene and grooming practices that draw an inordinate amount of attention to the individual student are considered inappropriate for school.  The dress and/or grooming style of any student must not interfere with the educational process of any Hoover City School.

2. Students are to wear clothing in the manner it was designed to be worn,     i.e., clothing worn backward or inside-out, suspenders undone, are not allowed.  Specifically, pants, worn too low (low riders), too long, or        excessively large clothing are not permitted.

3. Students are not to wear clothing that reveals the body in an inappropriate manner.  (Examples: clothing which is too tight, too short, bare at the          midriff, bare at the sides, sun dresses, "spaghetti strap" type tops, and off-the-shoulder tops, low-cut front or back tops, sheer or see-through clothing, etc.).  Undergarments should be worn in an appropriate manner and should not be visible.

4. All clothes should be in a state of good repair.

5. Students may wear shorts to school under the following stipulations: Shorts must be hemmed.  Old worn/torn, or other type cut-offs, athletic (gym), Umbro" or other nylon type, spandex, sweat type, tennis, or swim suit type shorts are not allowed.

6. Length of shorts, dresses, skirts, etc., is required to be at least mid-thigh in front and back or 5 inches from mid-knee.  Length must be appropriate whether the student is standing or sitting.  Spandex pants, leggings, leotards, etc., may be worn only when the top worn with them meets the mid-thigh requirements.  Long T-shirts are not allowed.

7. Students are not to wear jewelry, ornaments, or accessories which distract from the learning environment; excessively noisy jewelry and/or belts.  Males may not wear earrings.  Facial and/or tongue jewelry is not allowed for males and females.  No decorative dental appliances (whether permanent or temporary) or decorative contact lenses will be allowed.

8. T-shirts or any other type clothing or personal item bearing a reference to alcoholic beverages, tobacco products, drugs, drug-related slogans, and/or any other wording, drawing, pictures, etc., which in any way can be interpreted as being "off-color," suggestive, obscene, or offensive, or relating to, death, the occult, Satanism, etc. are not permitted.

9. Clothing and/or accessories which are disruptive or distracting to the learning environment or which identifies a student as being a member of a gang or any subversive or unlawful organization will be not be allowed.

10. All students must wear shirts "tucked in."  Tops, blouses, shirts, and coordinated outfits designed to be worn "untucked" are acceptable.

11. During the school day, students are not to wear or carry caps, hats, bandannas, sunglasses, or other headwear.    

12. Outerwear (coats, gloves, etc.) are not to be worn in the building during normal school time (unless temperature or individual medical problems dictate this to be appropriate).

13. All students are required to wear their hair in such a manner that it is not considered unkempt, unclean, or impairing vision.  Students are not to wear hair dyed in unusual colors, spiked hair, shaven head areas, shaven head patterns (numbers, names, symbols, designs, etc.).

14. Students are not to wear extreme facial make-up.

15. Students are not to wear heavy metal chains, metal spiked apparel, or accessories, etc.

16. Students are required to wear appropriate shoes to school at all times.  Boots with chains, steel toes, or other metal reinforcement or decorations are not allowed.

17. Cheerleader, dance team, etc., uniforms are not to be worn to class. 

18. Gym style sweat pants are not to be worn except in physical education.    (Sweatshirts are allowed.)  Nylon warm-up suits that are loose fitting are acceptable.

19. Clothing & accessories designed for concealment is prohibited. Such items may include but not limited to, knives imbedded in belt buckles, flasks hidden in shoes. 

NOTE: 

            The privileges offered under the school Dress Code may be withdrawn from any student who fails to meet the Code of Conduct in general. 

Students who violate the rules and/or intent of the Dress Code will be subject to consequences as well as having privileges allowed under the Dress Code withdrawn. 

            If any aspect of the Dress Code becomes a consistent problem, appropriate adjustments will be made by the administration to address the situation.    For instance, if students consistently fail to meet the guidelines under which they are allowed to wear shorts to school, then that privilege can be revoked for all students.                                                                                                                                                                       

HOOVER CITY SCHOOLS BUS CODE OF CONDUCT

Responsibilities of Transported Students

The School Bus Code of Conduct is a part of the Board’s Disciplinary Code and has been adopted to enhance safety for all students, staff, and general public.  The school bus is considered an extension of the classroom, and all Hoover City School Board of Education rules apply while being transported or while waiting at a bus stop.  When a student does not maintain appropriate conduct on a bus, such instances shall be brought to the attention of the principal or the principal’s designee by the bus driver.  Should misconduct on a Hoover school bus create a danger to the driver or students, the bus driver is authorized to drive immediately to the nearest school for removal of the student(s) creating the danger.  The violation of any school bus rule may result in suspension from the bus in addition to any other disciplinary action prescribed in the Code of Student Conduct. 

• Transportation services are a privilege, not a right.
• Bus drivers are in charge of their buses at all times.  Students will respectfully follow the directions of the bus driver.
• Students must conduct themselves at all times in a manner which shows respect for property and consideration for others while riding the bus. 
• Transportation is available to all Hoover City students who live beyond the legally prescribed two (2) mile walking distance from their zoned school or those students with authorized exception.
• Students are assigned to a particular school bus by the appropriate transportation personnel. Students are not permitted to ride any other bus than their regularly assigned bus without written permission from a school administrator in coordination with the Transportation Department.
• Each student will ordinarily be transported to or from a bus stop in proximity to their home residence.  If a student is to be transported from school to an address other than their home residence, they must go to the same address every day.
• There will be no transportation provided for students wishing to go to another address for occasional visits, parties, extracurricular activities, or other social events, except upon written request by the student’s parent or guardian and specific written permission from a school administrator in coordination with the Transportation Department.  This special authorization only covers students authorized to ride a bus and will not displace any other student from their assigned bus.
• The location of all bus stops shall be determined at the sole discretion of the Transportation Department.  All requests for a new/change bus stop location must be made to the Transportation Department.  The Transportation Department will make the final decision applying already established guidelines.
• Only students living along a bus route will be assigned to the bus serving that route.
• Transportation is not provided for in-district or out-of-district transfer students.

Video cameras are placed on all school buses as a tool for school personnel to monitor behavior, and shall not limit the bus driver’s authority or the discretion of school officials in implementing and enforcing the provisions of the Code of Conduct and this School Bus Code of Conduct.

Any carry-on equipment (i.e., book bags, band instrument or bags, sports equipment or bags, science projects, school fund raiser items, personal items, etc.) must be held by the student owner and must not interfere with either the seating or the safety of other students on the bus (i.e., block any emergency exits). 

DISCIPLINARY INFRACTIONS PERTAINING TO TRANSPORTED STUDENTS

Every student who utilizes transportation services is subject to the Hoover City Schools Code of Student Conduct.  Failure to comply with the following rules may result in an office referral and may result in permanent removal from the bus.  Exceptional Education students will be disciplined according to current policies for students with disabilities.  Infractions are grouped according to the seriousness of the violations.   

CLASS I       BUS INFRACTIONS

Failing to follow proper procedures at bus stops, including but not limited to the failure to do any of the following:

1. Walk on the left, facing traffic, to the bus stop and stay off the roadway at all times while waiting for a bus.
2. Be at the bus stop a minimum of five (5) minutes ahead of the scheduled bus arrival time.
3. Be properly attired, including shoes; shoes with spikes or metal cleats shall not be worn.
4. Wait until the bus comes to a COMPLETE stop before attempting to get on or off.
5. Cross the roadway, if necessary, after leaving the bus in the following         manner:

·         Make certain that the bus is stationary.

·         Upon alighting from the bus, stand on the side of the road at a point 10 feet in front of the bus and wait for the proper signal to cross.

·         Upon signal from the driver, look to both the right and left and proceed across the roadway in front of the bus; never cross behind the bus!

6. Using profane, offensive, disrespectful, or indecent language or gestures.
7. Changing seats or standing while the bus is in motion; removing seat belts before coming to a complete stop on buses for exceptional education students.   
8. Bringing prohibited items aboard the bus including, but not limited to gum, candy, drink, audio and/or video devices, laser pointers or other similar devices; exceptions are made for medically documented conditions.
9. Moving from assigned seat; seats are assigned and may be reassigned at any time; students will remain seated facing forward with feet on the floor and legs out of the aisle from the time they board the bus until they arrive at their destination, and the bus door is opened. 
10. Yelling or speaking in a loud or disruptive manner.
11. Speaking when approaching or crossing railroad tracks.
12. Blocking, restricting, or otherwise placing objects on or in the aisles, steps, or emergency exits.
13. Failing to secure all items such as book bags, backpacks, or cases. 
14. Using a cell phone or other electronic communication device on the bus without express permission of school principal or his/her designee.
15. Any other violation which the principal may reasonably deem falls in this class.

POSSIBLE ACTIONS:  

• TEACHER/COUNSELOR/ADMINISTRATIVE INTERVENTION
• PARENT NOTIFICATION/CONFERENCE
• WORK/CLEAN-UP PROGRAM
• SUPERVISED PLAN FOR CORRECTION OF MISBEHAVIOR
• SATURDAY SCHOOL
• DETENTION
• INTENSIVE SCHOOL SUPERVISION (ISS)
• SHORT TERM BUS SUSPENSION (1-3 DAYS)

CLASS II           BUS INFRACTIONS 

1. Entering or exiting before the bus has come to a stop; or entering or exiting a bus through an emergency exit, window, or by any means other than the front door, except in the case of a bona fide emergency
2. Fighting or striking another student
3. Bringing prohibited objects on the bus (Reference prohibited items at school in Code of Conduct)
4. Using tobacco in any form on the bus or while at a bus stop
5. Throwing or expelling anything such as objects, liquids, paper, or any other material, in or out or within the bus at any time
6. Failing to keep head and/or hands inside the bus at all times
7. Entering or leaving the bus without the consent of the driver
8. Tampering with door handles and/or other safety equipment at any time unless directed to do so by the driver or the aide
9. Cutting, scratching, writing on, or otherwise defacing any part of the bus.  Restitution will be required
10. Any other violation which the principal may reasonably deem falls in this class.

 POSSIBLE ACTIONS:    

• TEACHER/COUNSELOR/ADMINISTRATIVE INTERVENTION
• PARENT NOTIFICATION/CONFERENCE
• REQUIRED PARENT CONFERENCE
• WORK/CLEAN-UP PROGRAM
• SUPERVISED PLAN FOR CORRECTION OF MISBEHAVIOR
• SATURDAY SCHOOL
• INTENSIVE SCHOOL SUPERVISION (ISS)
• OUT OF SCHOOL SUPERVISION (OSS)
• EXTENDED BUS SUSPENSION (MORE THAN 3 DAYS)
• RESTITUTION

If a student is to be removed from the bus for more than three (3) weeks, parents may request a hearing with the school principal or their designee.

CLASS III          BUS INFRACTIONS 

CLASS III CODE OF CONDUCT OFFENSES ARE CLASS III BUS INFRACTIONS.  Any Class III offense occurring on a bus or at a bus stop will be considered a Class III bus infraction. 

Students referred to the school administrator for offenses listed under Class III will be disciplined according to the Code of Student Conduct and may be removed permanently from the school bus. 

The Principal or his/her designee has the authority to suspend a student from riding a bus if the behavior of the student represents a danger to the health, welfare or safety of others riding the bus. 

POSSIBLE ACTION:

• PARENT NOTIFICATION/CONFERENCE
• INTENSIVE SCHOOL SUPERVISION (ISS)
• OUT OF SCHOOL SUSPENSION (OSS)
• SUPERVISED PLAN FOR CORRECTRION OF MISBEHAVIOR
• ALTERNATIVE SCHOOL PLACEMENT (CROSSROADS)
• EXPULSION
• PERMANENT REMOVAL FROM SCHOOL BUS
• RESTITUTION

SAFE AND DRUG FREE SCHOOLS

Hoover City Schools is committed to providing a learning environment free from alcohol, drugs, controlled substances and weapons.  The Code of Conduct includes serious consequences for those who violate its provisions relating to drugs, alcohol, controlled substances and weapons. The possession, use, sale, attempted sale, attempted possession or any other involvement with tobacco, drugs, alcohol, controlled substances, or dangerous instruments/weapons will not be tolerated and will subject the violating individual to immediate disciplinary action up to and including expulsions for students.  Such prohibition applies not only to firearms, guns, deadly weapons or dangerous instruments carried by a person, but extends also to said prohibited items in automobiles, personal items such as purses or backpacks, or otherwise in the actual  possession of any person.  Any violations regarding firearms will result in involvement by appropriate law enforcement authorities and may also result in expulsion from the school system.  

IT’S THE LAW! 

            The following laws relate to civil liabilities and criminal penalties for violence or other misbehavior by students on school property or against school employees: 

            Attendance and Conduct (Act 94-782) (Ala. Code § 16-28-12) 

            Each parent/guardian or other person having control or custody of a child required to attend school who fails to require the child to enroll, to regularly attend school, or to compel the child to properly conduct himself/herself as a pupil in accordance with the written policy on school behavior adopted by the local board of education shall be guilty of misdemeanor (may be fined up to $100 and may be sentenced to hard labor for up to 90 days). 

            Teacher Assault (Act 94-794) (Ala. Code § 13A-6-21) 

            A person commits the crime of assault in the second degree (Class C felony) if the person assaults with intent to cause serious physical injury to a teacher or to an employee of a public educational institution during or as a result of the performance of his or her duty. 

            Drug Dealing (Act 94-783) (Ala. Code § 6-5-72) 

            A person who unlawfully sells, furnishes, or gives a controlled substance to a minor may be liable for injury or damage or both suffered by a third person caused by or resulting from the use of the controlled substance by the minor if the sale, furnishing, or giving of the controlled substance is the proximate cause of the injury or damage. 

                        Drugs, Alcohol, Weapons, Physical Harm, or Threatened Physical Harm (Act 94-784) (Ala. Code § 16-1-24.1) 

            The school principal shall notify appropriate law enforcement officials when a person violates local board of education policies concerning drugs, alcohol, weapons, physical harm to a person, or threatened physical harm to a person.  If any criminal charge is warranted, the principal is authorized to sign the appropriate warrant.  If that person is a student, the local school system shall immediately suspend that person from attending regular classes and schedule a hearing within five school days.           

            Weapons in Schools (Act 94-817) (Ala. Code § 13A-11-72) 

            No person shall knowingly with intent to do bodily harm carry or possess a weapon on the premises of a public school.  Possession of a deadly weapon with the intent to do bodily harm on the premises of a public school or school bus is a Class C felony. (Note:  The term “deadly weapon” means a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious physical injury, and such term includes, but is not limited to, a bazooka, hand grenade, missile, or explosive or incendiary device; a pistol, rifle, or shotgun, or a switch-blade knife, gravity knife, stiletto, sword, or dagger;  or any club, baton, billy, blackjack, bludgeon, or metal knuckles.) 

            Vandalism (Act 94-819) (Ala. Code §16-5-380) 

            The parents, guardian, or other person having control of any minor under the age of 18 with whom the minor is living and who have custody of the minor shall be liable for the actual damages sustained to school property, plus the court costs, caused by intentional, willful, or malicious act of the minor. 

            Pistol Possession/Driver’s License (Act 94-820) (Ala. Code §16-28-40) 

            Any person over the age of 14 who is convicted of the crime of possession of a pistol on the premises of a public school, or a public school bus, shall be denied issuance of a driver’s permit or license to operate a motor vehicle for 180 days from the date the person is eligible and applies for a permit or license.  If a person over age 14 possesses a driver’s license on the date of conviction, the driver’s license will be suspended for 180 days. 

            Drop-Out/Driver’s License (Act 94-820 which amended Act 93-368 as codified in -16-28-40, Ala. Code, 1975) (Ala. Code §16-8-40) 

            The Department of Public Safety shall deny a driver’s license or learner’s permit to any person under 19 who is not enrolled or has not received a diploma or certificate of graduation.  Exceptions are students who:  are enrolled in a GED program, are enrolled in a secondary school, are participating in an approved job training program, are gainfully employed, are parents of a minor or unborn child, or are the sole source of transportation for the parent.

Ref:      Code of Alabama 16-1-14, 16-1-15, 16-1-16.  Goss v. Lopez, 95S.Ct. 729 (1973).  Hoover City Board of Education

COMPLAINTS, GRIEVANCES AND APPEALS

The primary purpose of this procedure is to provide for prompt and equitable resolution of students’ complaints and grievances.  These procedures can also be used by students for complaints on the basis of sex or disability. 

Students charged with and disciplined under Class I or Class II procedures will not have the right to appeal any decision beyond the local school level. Class III consequences may be appealed to the Board of Education.  Procedures for appealing Class III consequences will be detailed in a district procedure manual that will be available on the District web site and at each secondary school office. 

Level One – The resolution of a grievance through free and informal communications as close as possible to the point of origin is encouraged.  A student with a grievance may first take it to his immediate teacher or principal.  Both shall be consulted prior to further resolution procedures.

Level Two – In the event the aggrieved person is not satisfied with the disposition of his grievance at Level One, he may file an appeal in writing with the Superintendent or his designee.  Within ten (10) days from receipt of the grievance, he shall request a conference with the aggrieved or render a written decision.

Level Three – In the event the aggrieved person is not satisfied with the disposition of his grievance at Level Two, he may request the Superintendent or his designee to schedule a brief hearing before the Board of Education at its next regular meeting.

Due to this not being a civil proceeding, the parent may/may not select a representative to accompany him at each level, may ask such representative to state the facts in written form, and may request a written decision at each level outlined above.  

The grievance procedure must be initiated at the level at which the grievance occurred, and all requirements specified must be observed by students and school officials. 

For the discussion and consideration of a grievance, time and place will be selected which will not interfere with regular scheduled classes or school-related activities.  The faculty and administration shall make an honest effort to resolve student grievances as quickly as possible at the most immediate level of supervision.

SEXUAL HARASSMENT

Prohibited Conduct

 Students shall not engage in conduct constituting sexual harassment as defined hereafter.  Sexual harassment, whether between students or between a student and an employee, is illegal and will not be tolerated.  Administrators will investigate all allegations of sexual harassment and take appropriate action against students who engage in sexual harassment.  Sanctions against students for violation of this policy may include verbal or written warning, suspension, or expulsion.

Definition

Sexual harassment is defined to include unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when the advances, requests, or conduct have the effect of interfering with performance of school-related activities or creating an intimidating, hostile, or otherwise offensive environment in or about the school or school facility.

Complaint Procedure

A student who believes he or she has been or is being subjected to any form of sexual harassment shall immediately report the matter to the school counselor, principal, or the Superintendent.  A student’s request to make his or her report of sexual harassment to someone of the same sex as the student shall be granted.

No student alleging sexual harassment shall be required to present the matter to the person who is the subject of the complaint.

If the complaint is received by someone other than the school principal, the person receiving the complaint shall promptly inform the school principal.  The principal shall start an immediate investigation into the matter.  The custodial parent(s)/guardian of the student will be informed of the complaint.  The completed investigation shall be reviewed by the Superintendent or the Superintendent’s designee and legal counsel for prompt and appropriate action, if warranted.  A written response to the student’s complaint will be provided to the custodial parent(s)/guardian of the student and the student within forty-five (45) days of the date the student first registered the complaint.  The student or the custodial parent(s)/guardian of the student may appeal the decision within ten (10) days of receipt of the decision by filing a written notice of appeal with the Superintendent.  The Superintendent shall present the decision and notice of appeal to the Board at the next scheduled meeting of the Board.  The Board shall make a final decision and notify the student and the custodial parent(s)/guardian of the student in writing of the Board’s decision.

Protection of Complainant

No student shall be subject to adverse action for any good faith report of sexual harassment under this policy.  To the fullest extent practical, all reports of sexual harassment will be kept confidential.

ATTENDANCE/ABSENCES/EXCUSES

The Board believes that the right to attend public schools places upon students the accompanying responsibility to be faithful in attendance.  Regular attendance is essential for a student’s successful progress in the instructional program.

With this in mind, the Board mandates that a total of nine (9) absences per semester shall be considered the maximum number of absences allowed for a student to pass a class or course.  Decisions regarding extenuating circumstances causing more than nine (9) absences per semester will be considered on an individual basis.  The primary circumstance to be considered will be illness.  However, this circumstance must be verified by a physician’s statement.

Excused Absences 

• illness
• inclement weather which would be dangerous to the life or health of the student if the student attended  school
• legal quarantine
• death in the immediate family
• emergency conditions as determined by the Superintendent or principal, or
• permission of principal and consent of parent

When a student returns to school after being absent, the student shall bring a written statement from the student’s parent (or a physician’s statement in the instance of an illness) with an explanation of the reason for the absence, the date of the absence, and the parent’s signature.  A student who has been absent shall make arrangements with the student’s teacher to engage in activities which will enable the student to learn those facts/skills/concepts which were missed during the absence.  Make-up work shall be completed in accordance with procedures and timelines established by the school principal.  Should a student’s absences in any class exceed five (5) days in one nine-week period or nine (9) days in any one semester, the student shall be referred to the District Attendance Officer (“DAO”).  The DAO will assist the school administrative staff in a full investigation of the circumstances surrounding such absences.  Should truancy be determined, all applicable state laws/procedures will be followed.  Conferences which include the student, the parent, counselor(s), administrator(s), and other appropriate school personnel shall be held to resolve the issue of truancy.

The Superintendent, with the assistance of school principals, shall develop and implement procedures for ensuring a systematic approach to the management of attendance in all schools.  Such procedures shall require school personnel to carefully verify and follow through on student absences, prepare daily and other summary reports, and maintain close communications with parents regarding attendance.

Unexcused Absences

Any absence that does not fall under the categories listed as an excused absence will be considered an unexcused absence.  When a student’s unexcused absences exceed five (5) days in any semester, the DAO shall consider filing a complaint/ petition with the Family Court.

If a student does not bring a note for an excusable absence, he/she will have two (2) school days (including date of return) to have an “excused absence” slip issued.  After this time passes the absence is “unexcused” and will remain as such.

Students who have unexcused absences are not entitled to receive credit for make-up work or to receive credit for tests, projects, etc., missed during the absence.

School days missed as a result of suspension or expulsion are considered unexcused and no make-up work, tests, projects, etc., are required to be given or credit issued.

COMPUTER ACCESS AND USE BY STUDENTS

Hoover City Schools provide a wide variety of computer equipment for student use.  When a student uses this equipment, he/she assumes the responsibility to avoid acts which may interfere with use of the information systems.

Each student is allowed to use school-installed programs to access, modify, and delete his/her own data and documents in his/her assigned area assigned by the network manager.  All other forms of access or use are prohibited.

Violation of the following will be considered Class II offenses:

1. Students must not access or attempt to access any program, data, or user area not assigned by the network manager.
2. Students must not install or download a computer program from any source outside the school without written authorization from the principal/instructor.
3. Students must not use the "message" capabilities of the network without written authorization from the principal.

Violation of the following will be considered Class III offenses:

1. Students must not use or possess, on or off school property, a computer program capable of modifying or destroying other school programs or school data.  Prohibited programs include but are not limited to "Virus," "Trojan Horse," and the like.
2. Students must not use or possess, on or off school property, a computer program designed to access, read, or modify the security system installed on the information networks of Hoover City Schools.
3. Students must not modify or attempt to modify any program or data other than their own.
4. Students must not delete or attempt to delete any program or data other than their own.
5. Students must not attempt to disrupt the networks through vandalism.  Vandalism includes the destruction and/or theft of hardware, software, data, or files of another user.
6. Malicious attempts to harm, modify, or destroy technology resources could result in suspension, expulsion, legal action, restitution, and prosecution by authorities.

ACCEPTABLE USE

Information networks are available for student and staff use in Hoover City Schools.  Following is the policy governing use of these Information Networks.  The Information Networks of Hoover City Schools include the schools’ local area network, the wide area network, email, intranets, internet, cable access, distant learning, and satellite access.

Educational Purpose 

1. The Information Networks have been established for educational purposes and for delivering the curriculum. 
2. The Hoover City Schools’ Information Networks will assist in preparing students for success in life by providing them with electronic access to a wide range of information and the ability to communicate with people throughout the world. 
3. These networks will increase district intracommunication, enhance productivity and assist students and staff in upgrading their skills through greater exchange of information with their peers.
4. Hoover City Schools’ Information Networks will assist the District in sharing information with the local community, including parent/guardian, social service agencies, government agencies, and businesses.
5. Hoover City Schools has the right to place reasonable restrictions on the material that can be accessed or posted through the network system.  Users are expected to follow the rules set forth in school handbooks and by-laws when using these network systems.

Internet Access

1. Hoover City Schools provides employees and students with access to the District’s Information Networks, which includes internet access.
2. Internet filtering is utilized by Hoover City Schools.
3. Students may have access to the Internet only if parental/guardian permission is granted and is on file at the school.  The student and parent/guardian must sign the permission granted section of the acceptable use policy agreement form.  Parent/guardian may withdraw permission at any time.
4. All material placed on or linked to school-sponsored Web pages must be preapproved by an administrator or authorized designee at the school.  Links to unofficial Hoover City Schools’ Web pages are prohibited.

Unacceptable Uses

      1.       Personal Safety:

a.       Students will not post personal contact information about themselves or other people.  Personal contact information includes address, telephone, school address, work address, your name, anyone else’s name, pictures of individuals or groups, etc.

b.       Students will not agree to meet with someone they have met online.

c.       Students will promptly disclose inappropriate messages or information to a teacher or administrator.

2.       Illegal Activities:

a.       Users will not attempt to gain unauthorized access to other Internet accounts, to any other computer system through the Internet, or to go beyond their authorized access to the Internet, or to go beyond their authorized access through the Information Networks.  This includes attempting to log in through another person’s account or to access another person’s files.

b.       Users will not attempt to disrupt the computer system through vandalism.  Vandalism includes the destruction and/or theft of hardware, software, data, or files of another.

c.       Users will not use the computer system to engage in any illegal or criminal activity.

d.       Hoover City Schools will cooperate fully with local, state, and federal officials in any investigation related to any illegal activities conducted through school Internet accounts.

e.       Malicious attempts to harm, modify, or destroy technology resources could result in suspension, expulsion, legal action, compensation, and prosecution by authorities.

3.       Inappropriate Activities

a.       Users will not post messages that are obscene, profane, lewd, vulgar, rude, discriminatory, inflammatory, threatening, or disrespectful on the Hoover City Schools’ Information Networks.

b.       Hoover City Schools’ Networks may not be used for commercial purposes or personal gain.  Students will not offer, provide, or purchase products or services.

c.       Users will not use the networks for political lobbying.

d.       Users will not post information that could cause damage or danger of disruption to the computer system.

e.       Private information about another person must not be posted.  Users will not engage in personal attacks.

f.         False or defamatory information that is knowingly or recklessly posted about a person or organization is prohibited.

g.       Users will not harass another person.  Harassment is persistently acting in a manner that distresses or annoys another person.

h.       Users will not re-post/forward messages received without permission from the sender.

i.         Users will not access materials that are profane or obscene, that   advocate illegal acts, or that advocate violence or discrimination towards other people.

j.         Users will not plagiarize materials that are found on the networks.  Plagiarism is taking the ideas or writings of others and presenting them as the user's thoughts or ideas.

k.       Users will abide by copyright laws.

l.         Students will not download program files without teacher permission.

m.     Parent/guardian will instruct their children regarding any personal restrictions that are in addition to restrictions set forth in the Hoover City Schools Acceptable Use Policy.

n.       Malicious attempts to harm, modify, or destroy technology resources could result in suspension, expulsion, legal action, compensation, and prosecution by authorities.

System Security

• Users are responsible for individual files and should take all reasonable precautions to prevent others from being able to use the file. 
• Under no condition should a user provide a password to another person.
• Users will immediately report possible security problems, infractions, or user violations to a teacher or an administrator. 
• Users will avoid the inadvertent spread of computer viruses by following Hoover City Schools' virus protection procedures when opening files. 
• Students with accounts should log off the computer when they finish their work session. 
• Staff members should log off the computer when they leave the room.

Respecting Resource Limits 

• Users will avoid printing and downloading large files.  If necessary, these files should be printed or downloaded at a time when the system is not being heavily used.  Downloaded files should be immediately transferred to the workstation or to disks.
• Users will not post or forward chain letters nor engage in "spamming" - sending an annoying or unnecessary message to a large number of people.
• Users with Email accounts will check their mail frequently and delete messages promptly.
• Users will subscribe only to discussion group mail lists and user groups that are relevant to school curriculum.

Rights 

• Users should not expect privacy with respect to the contents of personal    files on Hoover City Schools' networks.  Files will undergo routine maintenance and may include monitoring.  Individual searches may be conducted at any time.
• Users who violate the Acceptable Use Policy or any part of this policy, may have their network rights terminated and may face disciplinary measures.
• Reimbursement for damage or loss of material or equipment as well as payment for technician time related to misconduct may be required.  Disciplinary consequences may include suspension, expulsion, or other measures.  Legal action and prosecution may be imposed if appropriate.

Limitation of Liability 

Hoover City Schools makes no guarantee that the functions or the services provided by or through the District’s Network System will be error-free or without defect.  Hoover City Schools will not be responsible for any damage suffered by the user, including but not limited to, loss of data or interruptions of service.  Hoover City Schools will not be responsible for any financial obligations arising from the unauthorized or inappropriate use of the system.