Posting Date: July, 2004 Code Of Acceptable Behavior And Discipline
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Shelby County Schools

2004-2005 Student-Parent Handbook




SHELBY COUNTY SCHOOL
CODE OF ACCEPTABLE BEHAVIOR AND DISCIPLINE



Table of Contents
Expected Behaviors
Acts in Violation of Laws and School Policy
Discipline
Disciplinary Sanctions
In-School Suspension
Suspension of Students
Corporal Punishment
Disciplinary Hearing Authority
Zero Tolerance
Welfare of Student
Acceptable Use Policy
Search Procedures
Students with Disabilities
Suspending Students with Disabilities
Harassment of Students
F.E.R.P.A Rights
NCLB Parent Notifications
Directory Information


Statement of Development and Origin

This Code of Acceptable Behavior and Discipline was compiled pursuant to T.C.A. 49-6-4013. It is a compilation of Shelby County Schools Board Policies passed by the Shelby County Schools Board of Education that deal with student safety and discipline.


Purpose

This Code of Acceptable Behavior and Discipline is intended to inform students and parents of Shelby County Schools policies devoted to student safety and behavior. It does not include all Shelby County Schools Policies. Please refer to the Shelby County School Board Policy Manual for a complete listing of Shelby County Schools Policies.


Expected Behaviors

Each student has these rights:


Each student has these responsibilities:
ACTS IN VIOLATION OF LAWS AND SCHOOL POLICY


T R U A N C Y
Unauthorized absence from school is considered truancy and will be treated as such. This includes absence from any class, study hall, or activity during the school day for which the student is scheduled.

Disciplinary action shall be taken in such cases, beginning with notification of parents and/or in-school suspension. Continued violation may lead to student being suspended from school, or referred to Juvenile Court. (Policy #6110)


Due Process Procedures


STUDENT RIGHTS AND DUE PROCESS
Every student has the right to due process guaranteed by the Constitution of the United States of America.

The student is, in all except the most minor disciplinary cases, to be granted a hearing before the principal with every precaution being taken to insure that the rights of the student are protected.

Before any disciplinary action is taken, the principal or the teacher must advise the student of his or her right to a hearing.

Students are to be reminded that in exercising their rights they must not interfere with the rights of others, disrupt the educational process, or violate the laws of the Federal, State and local government or the policies of the Shelby County Board of Education. (Policy #6202)


D I S C I P L I N E

The Shelby County Board of Education accepts the responsibility for establishing and maintaining proper standards of discipline and behavior in the public schools. In order to maintain good order and insure an environment conducive to learning, the Board considers behavior or conduct occurring on school property or at any school sponsored activity occurring off school property which interferes with the above to be offenses. Such offenses include but are not limited to the following:

  1. Disrespect or insubordination toward teachers, principals, or other school employees;
  2. Immoral conduct, indecent language or behavior;
  3. Sexual, racial, ethnic, or religious harassment;
  4. Theft;
  5. Violence, the threat of violence and/or physical or verbal intimidation directed toward other students, teachers or Shelby County Schools' employees;
  6. Persistent disobedience or disorder;
  7. Habitual tardiness or unexcused absenteeism, truancy;
  8. Vandalism;
  9. Sale, possession, or use of alcohol drugs, substances represented to be drugs or alcohol, substances for huffing, or drug paraphernalia;
  10. Smoking and or the possession of tobacco products, lighters or matches;
  11. Possession of, access to and/or use of pager, cellular phones or other electronic communication devices during school hours without written permission of the principal.
  12. Gang activities;
  13. Weapons or weapon look-alike; and explosives
  14. Possession of mace or disabling sprays.
  15. Inciting, advising or counseling of others to engage in any of the acts herein enumerated;
  16. Off-campus criminal behavior resulting in felony charges; when behavior poses a danger to persons or property or disrupts the educational process; and
  17. Inappropriate use of electronic media.
The Board delegates to the Superintendent the responsibility to develop and enforce the necessary rules and regulations in accordance with Board policy and the laws of Shelby County, the State of Tennessee, and the nation to assure a proper standard of behavior. (Policy #6207)


DISCIPLINARY SANCTIONS

D I S C I P L I N E
(Offenses and Penalties by Category)


The infractions of school discipline in the Shelby County Schools listed below are grouped into categories according to the seriousness of the offense. This list is not intended to be exclusive or all inclusive. All types of infractions may not be included; therefore, modifications will be made, if necessary, at the discretion of the school principal. In all instances, discretion or interpretation is left to the individual school principal to modify penalties wherever extenuating circumstances are determined to be present.

Category A
  1. Assault on school personnel;
  2. Threatening bodily harm to school personnel;
  3. Sale of narcotics and or drugs;
  4. Possession of a pistol, gun, firearm, knife or any potentially lethal weapon or explosive on school property or at a school-sponsored activity;
  5. Evidence of use or possession of narcotics (drugs), drug paraphernalia, substances for huffing, and/or medical preparations without proper medical authorization;
  6. Smoking and or the possession of tobacco products by students while in or on school, properties or under school's jurisdiction during school hours or while participating in a school-sponsored event;
  7. Evidence of drinking or possession of alcoholic beverages in school or at a school sponsored activity;
  8. Gang activities;
  9. Malicious destruction of or damage to school property, including electronic media;
  10. Stealing or misappropriation of school or personal property (regardless of intent to return).
  11. Off-campus criminal behavior resulting in a felony charge, when the behavior poses a danger to persons or property or disrupts the educational process.
PENALTY: SUSPENSION: NOTIFICATION TO LAW ENFORCEMENT AUTHORITIES; POSSIBLE EXPULSION FROM SHELBY COUNTY SCHOOLS

Category B
  1. Open or continued defiant attitude or willful disobedience toward a member of school staff;
  2. Vulgar, profane or rude remarks to staff member or fellow student;
  3. Physical or verbal intimidation or threats to other students;
  4. Fighting in or on school property;
  5. Possession of mace or disabling sprays.
  6. Inciting, advising or counseling of others to engage in any acts in Categories A or B;
  7. Inappropriate use of electronic media.
PENALTY: IN-SCHOOL SUSPENSION, OUT-OF-SCHOOL SUSPENSION, POSSIBLE EXPULSION

Category C
  1. Truancy;
  2. Unauthorized absence from class;
  3. Intentional disturbance of class, cafeteria or school activities;
  4. Leaving school grounds without permission;
  5. Being in an unauthorized area without permission;
  6. Tampering with grades or report cards;
  7. Possession of lighters or matches.
  8. Possession of, access to, and/or use of pagers, portable phones or other electronic communication devices during school hours without written permission of the principal;
  9. Inciting, advising or counseling of others to engage in any acts in Category C.
PENALTY: PARENT-PRINCIPAL CONFERENCE, IN-SCHOOL SUSPENSION

Multiple infractions of any one or more of the offenses in Category C over a period of time by a student may result in an out-of-school suspension at the discretion of the school principal. Truancy violations will result in a parent-principal conference and/or in-school suspension. Repeated violations should be referred to Student Services for further action. (Regulation #6207)


IN-SCHOOL SUSPENSION


The Shelby County Board of Education has the responsibility and obligation to adopt and establish clearly defined discipline policies. The Board, acting through the Superintendent of schools, holds school employees responsible for supervising student behavior while students are legally under the supervision of the schools.

Students with disruptive behavior patterns should not be allowed to remain in the regular classrooms; yet when such students are suspended from school it often adds to the problems of the students, the schools, and the community. Therefore, the Board endorses the concept of in-school suspensions.

Any student who, in the opinion of the principal or assistant principal would benefit from in-school suspension may be so disciplined.

The in-school suspension program has been organized to provide a controlled environment for students who have continued difficulty in adjusting to expectations and limits of the normal school. The following standards will be followed in operation of the program:
  1. Assignment to the in-school suspension program will be made only by the principal, vice-principal or assistant principal.
  2. Parents of a student assigned to in-school suspension will be notified in writing.

  3. Any student assigned to in-school suspension who refuses to attend or cooperate with all rules and limits of program will be suspended out-of-school for the remainder of the suspension.

  4. In-school suspension will be held in a controlled restricted atmosphere.

  5. In-school suspension will begin the next school day after assignment. Notification of suspension will be provided to all teachers on the day of assignment. Teachers will return assignments to be completed to the assistant principal in charge of in-school suspension. Assignment will consist of daily classroom work including all tests. Student will receive credit for all work completed.

  6. A quiet atmosphere will be maintained at all times in the in-school suspension room. No talking or movement will be allowed. If all classwork is completed prior to release from room, appropriate academic drills will be provided in reading, spelling, composition and math. Except at assigned breaks, students will work on academics for the duration of the assignment. Students must bring books, paper and pencils to the school suspension room.

  7. The in-school suspension schedule will follow as closely as possible this time frame:
  8. Beginning of day 7:15 a.m.
    Break 9:15 a.m. - 9:20 a.m.
    Lunch 10:30 a.m. - 10:55 a.m.
    Break 1:00 p.m. - 1:05 p.m.
    End of day 2:15 p.m.
  9. Students are assigned for one (1) to ten (10) days under constant supervision. Students are responsible for all classroom work.


SUSPENSION OF STUDENTS


Definitions:

Suspensions:dismissed from attendance at school for any reason not more than ten (10) consecutive days. Multiple suspensions shall not run consecutively nor shall multiple suspensions be applied to avoid expulsion from school.

Expulsions: removal from attendance for more than ten (10) consecutive days or more than fifteen (15) days in a month of school attendance. Multiple suspensions that occur consecutively shall constitute expulsion.

Remand: assignment to an alternative school.

Students may be suspended, or expelled, from the Shelby County Schools in accordance with the regulations prescribed by the Shelby County Board of Education and the laws of the state of Tennessee, and the Individuals with Disabilities Education Act.

The principal, vice-principal or assistant principal has the authority to suspend or expel students from the particular school or school bus. It is recommended that other means of discipline be tried before resorting to out-of-school suspension or expulsion.

Before any discipline action, the principal, vice-principal or assistant principal will conduct a hearing with the student. The student will be informed of the reasons for which the disciplinary action is being considered. The student will be advised of the nature of the student's misconduct, questioned about it, and allowed to give an explanation.

The principal, vice-principal or assistant principal shall immediately, within 24 hours, give written or actual notice of suspension or expulsion to the parent/guardian and the Department of Pupil Services.

If a suspension exceeds five (5) days, the principal shall develop and implement a plan for improving the behavior, which shall be made available for review by the Department of Pupil Services upon request.

Readmission to school following a suspension or expulsion will be determined at a hearing attended by student, parent/guardian, and principal, vice-principal or assistant principal except in extenuating circumstances over which the student has no control as approved by the principal. If the suspension is for ten (10) days or less, the principal is the final authority.


CORPORAL PUNISHMENT


As part of a progressive discipline plan, corporal punishment is permissible in Shelby County Schools.

Corporal punishment may be administered by the principal or principal's designee in the presence of another professional employee. Corporal punishment shall not be used as the disciplinary action on a first offense, shall not be used as a choice in lieu of other disciplinary action, and shall only be used after other corrective measures have been attempted. The parent(s) or guardian(s) shall be notified when a student has been paddled.

If parent(s) or guardian(s) object to the use of corporal punishment with their children or wards, such objection must be made annually, in advance, in writing to the principal of the school. A student whose parent(s) or guardian(s) shall object in writing to the use of corporal punishment, when, and if it is deemed necessary by the principal, may be suspended.

A record of each case where corporal punishment is administered shall be maintained in the principal's office. (Disciplinary Referral Form #03-83-011 PS) (Policy #6208)


DISCIPLINARY HEARING AUTHORITY


If an out-of-school suspension or expulsion exceeds ten (10) days, the following procedure will be followed:
  1. The parent or guardian and the student will be given notice that within five (5) days of receipt of notification of expulsion, either the parent, guardian, student or any person holding a teaching license who is employed by the school system if requested by the student may make a request, orally or in writing, for an appeal before the Disciplinary Hearing Authority. The Disciplinary Hearing Authority shall be appointed by the Board of education annually and shall consist of licensed employees recommended by the Superintendent or his designee.

  2. The hearing shall be held no later than ten (10) days after the beginning of the expulsion.

  3. The Disciplinary Hearing Authority shall give written notice of the student's rights during the hearing and the time and place of the hearing to the parent or guardian, the student and the school official designated above who ordered the expulsion. Notice shall also be given to the local education agency employee referenced in (1) above who requests a hearing on behalf of an expelled student. Written notice of the Disciplinary Hearing Authority's decision and student's appellate rights shall be provided.

  4. The student, principal, vice-principal or assistant principal may request a review of the record by the Superintendent within five (5) days of the receipt of the decision of the Disciplinary Hearing Authority. Absent a timely appeal, the decision shall be final.

  5. The Superintendent may affirm or overturn the decision of the Disciplinary Hearing Authority based on a review of the records. Written notice of the Superintendent's decision and the student's appellate rights shall be provided.

  6. The student, principal, vice-principal or assistant principal may within (5) days of the receipt of the Superintendent's decision request a hearing by the Board of Education. Absent a timely appeal, the decision shall be final.

  7. The Board of Education, 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 Superintendent with or without a hearing before the board; provided, that the board may not impose a more severe penalty than that imposed by the hearing authority without first providing an opportunity for a hearing before the board.

  8. The Board of Education shall give written notification of its decision and the student's rights during a board hearing if granted as soon as possible to the parent or guardian, the student and/or the local education agency employee referenced in (1) above. The action of the Board of Education shall be final. (Policy #6209)


ZERO TOLERANCE


ILLEGAL DRUGS AND ALCOHOL

In compliance with state and federal laws, the Shelby County Board of Education prohibits the possession, use, purchase, sale or being under the influence of illegal drugs or alcohol by any student on school property or at any school sponsored activity.

Furthermore, the selling or giving of any substance to another student under the guise of it being a controlled substance or prescription drug is prohibited and violations will be treated as a drug offense. (Policy 6206)


ILLEGAL DRUGS AND ALCOHOL

Definition
For the purpose of this policy the words illegal drugs shall mean any mind-altering drug or any mind-altering substance, the purchase, possession, use, sale, or distribution of which is made illegal by any federal statue, statue of the state of Tennessee, or any ordinance of Shelby County Tennessee. This includes the selling, sharing, or possession of prescription drugs.

To demonstrate that the Shelby County Board of Education will not tolerate illegal drug or alcohol use by the students, the following recommendations are made for discipline action for students possessing, using, selling or purchasing illegal drugs or alcohol at school or school sponsored activities:

On the first offense of possession, use, purchase or being under the influence of illegal drugs, the student will be referred to the appropriate law enforcement agency. In addition, the student shall be expelled for one (1) calendar year (180 school days) except where modified by the superintendent. (T.C.A 49-6-4018)

On the first offense for possession of alcohol or impairment by alcohol, the student will be referred to the appropriate law enforcement agency. In addition, the student shall receive a long-term suspension or expulsion. (Regulation 6206)


GUN FREE POLICY

Any student possessing or having had in his/her possession a firearm on a school campus or at a school sponsored activity will be expelled from the school system for a minimum of one (1) calendar year, one hundred eighty (180) school days, and referred to the appropriate law enforcement agency.

For purposes of this policy, firearms is defined in 18 U.S.C. 921, but shall also include shotguns, antique guns, and rifles.

The superintendent has the authority to modify the expulsion on a case-by-case basis. (T.C.A 49-6-3401). (Policy #6216)


BATTERY ON SCHOOL PERSONNEL

Any student who commits battery on any Shelby County employee will be expelled for one (1) calendar year, one hundred eighty (180) school days, except where modified by the superintendent and will be referred to the appropriate law enforcement agency. (Policy #6217)


WELFARE OF STUDENT
(Leaving School During School Day)


Teachers, principals, and other school administrators are to exercise extreme caution in releasing students from school. Students should not be released until all excuses are carefully checked.

A student shall not be permitted to leave school during the school day without written request from the parent/guardian and approval of the principal except under exceptional circumstances with specific approval of the principal. Such circumstance shall be noted on the official school sign-out sheet with the signature of the principal. (Policy #6402)


TOBACCO USE OR POSSESSION

The Shelby County Schools system prohibits student smoking or possession of tobacco products, lighters or matches, on school campuses, at school sponsored activities or on school buses. (Policy #6211)


GANGS AND NON-SCHOOL RELATED SOCIAL CLUBS

Organizations which operate outside the jurisdiction of the Shelby County school system will not be allowed to function on school property or at school sponsored events occurring off school property without the approval of the principal.

Activities of these organizations at school which prove harmful to the educational setting will not be permitted and appropriate discipline measures will be taken. Any student guilty of violence or threatened violence at school or school events, under the auspices of a gang or other outside organization will be given a long-term suspension or will be expelled.

Students in grades six (6) through twelve (12) are prohibited from wearing on school property or at school sponsored events occurring off school property, clothing, apparel or accessories which signify membership or affiliation with any gang or social club associated with criminal activity as identified by local law enforcement agencies. (Policy #6214)


ACCEPTABLE USE POLICY


District-Provided Access to
Electronic Information, Services, and Networks for Students


The Shelby County Board of Education recognizes that telecommunications and other new technologies have transformed the ways that information may be accessed and communicated. The Board generally supports access by students to rich information resources and believes it incumbent upon students to use this privilege in an appropriate and responsible manner. The Board encourages the development of appropriate skills to analyze and evaluate such resources.

Electronic information research skills have become a necessary part of the educational process. The Board expects that faculty will blend thoughtful use of the Internet throughout the curriculum and will provide guidance and instruction to students in its use. As much as possible, access from school to Internet resources should be structured in ways which point students to those sources suited to learning objectives. While students will be able to move independently through resources, they shall be provided with guidelines defining acceptable use.

Students utilizing school-provided Internet access are responsible for appropriate behavior on-line just as they are in a classroom or other area of the school. Communications on the network are often public in nature. General school rules for behavior and communications apply in using the networked communications system. The network is provided for students and staff to conduct research, explore the world, and communicate with each other. Access to network services will be provided to students who agree to act in a considerate and responsible manner.

Use of the system's telecommunications and electronic information sources will be permitted upon submission of agreement forms by students and parents. Violations of the terms and conditions stated in the agreement may result in disciplinary action up to and including expulsion for students.

The Board authorizes the Superintendent to develop and implement procedures to provide guidance for students in the appropriate and ethical use of telecommunication networks such as the Internet.


Search Procedures


Physical searches of students and searches of vehicles and containers or packages brought onto school grounds by students and visitors may be conducted if the principal has a reasonable suspicion that a student or school visitor has in his/her possession a prohibited item or substance (drugs, drug paraphernalia, dangerous weapons and other property not properly in their possession).

Physical searches of students shall meet all the following standards of reasonableness:
  1. A particular student has violated school policy;

  2. The search will yield evidence of the violation of school policy or will lead to disclosure of a dangerous weapon, drug paraphernalia or drug;

  3. The search is in pursuit of legitimate interests of the school in maintaining order, discipline, safety, supervision and education of student;

  4. The search is not conducted for the sole purpose of discovering evidence to be used in a criminal prosecution; and

  5. The search shall be reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student as well as the nature of the infraction alleged to have been committed.

The lockers are property of Shelby County schools and, therefore, can be searched at the discretion of the principal. Random searches or searches of all lockers may occur at any time. Individual searches will be conducted based upon reasonable suspicion as described above. (Policy 6210)


Students with Disabilities


Students with disabilities are included in all Shelby County Schools. Schools are expected to initiate actions that ensure that students with disabilities become an accepted part of the student body and are treated with the same respect as regular students. Consequences for offenses directed toward students with disabilities should reflect the severity or repetition of the offense.

Students with disabilities have special protections provided through law against unilateral suspension. While certain levels of behavior are expected of special education students just as they are regular students, disabling conditions may impact the way discipline is handled. It is imperative that school personnel be aware of which students are classified as disabled under either IDEA or Section 504. No student with a disability can be unilaterally removed from school for more than ten days before an IEP team is convened to determine whether the student's offense was caused by his/her disability.

At the initial IEP team meeting or annual review, plans are established which address behavior management as well as academic and vocational skills. The student's IEP reflects expected behaviors, objectives to modify behavior, and pre-established consequences. A written record is kept of all discussions and disciplinary actions taken. Whenever possible, suspension or expulsion is the last action used. It is recommended that lesser consequences such as time out, detention, etc. be used before resorting to suspensions. It is important that the team includes an instructional component designed to teach the student skills such as anger management, conflict resolution, showing respect to others, and effective communication designed to prevent future misbehavior. When there is no relationship between a child's behavior and his/her disability, the student can be suspended or expelled according to normal school board policy; however, educational services are continued.


SUSPENDING STUDENTS WITH DISABILITIES


PROTOCOL
  1. Student has demonstrated some type of rule infraction

  2. Procedural safeguards in regard to due process are followed (Goss v. Lopez)
    1. Student must be given oral or written notice of the charges against him/her.
    2. If charges are denied, an explanation of evidence the authorities have must be presented.
    3. Student must be given the opportunity to present his/her side of the story.
    4. Allow no delay between the time "notice" is given and the time of the hearing.
    5. Provide notice and hold a hearing prior to the removal of the student from school in most cases.
  1. IEP Team meets and determines if the behavior is a manifestation of the student's disability:
    1. The IEP Team must review all relevant information including evaluation results, observations of the child, other relevant information supplied by the parents of the child, the child's IEP and placement and determine that
      1. in relationship to the behavior subject to disciplinary action, the student's IEP and placement were appropriate and the special education services, supplementary aids and services, and behavior intervention strategies were provided consistent with student's IEP and placement:
      2. the student's disability did not impair the ability of the student to understand the impact and consequences of the behavior subject to disciplinary action; and
      3. the student's disability did not impair the ability of the child to control the behavior subject to disciplinary action
    1. Is the students a danger to himself and/or others? If "Yes" reach an agreement with parents through IEP Team meeting or seek an injunction from the federal district court.

    The Division of Special Education provides a form for use by the IEP Team when convening to determine if a behavior is manifestation of the student's disability.
REMEMBER: IF A DISAGREEMENT ARISES, AND A DUE PROCESS HEARING IS REQUESTED, THE "STAY PUT" PROVISION APPLIES. A SCHOOL DOES NOT HAVE UNILATERAL AUTHORITY TO SUSPEND. (Honig v. Doe)

  1. If the IEP Team determines that the offense is a manifestation of the student's disability, the student may not be suspended.
    1. The student should be placed in a setting which more appropriately accommodates his/her needs.
    2. The behavior problems should be addressed through the goals and objectives of the IEP.
  1. If the IEP Team determines that the offense is not a manifestation of the student's disability, the student may be suspended.
    1. The school may suspend but educational services must continue. (Keael in 4th Circuit and Turlington in 5th Circuit)
      If not a change of placement (i.e. longer than 10 consecutive days), the school authority in conjunction with the special education teacher may decide what services are needed. If a change of placement (longer than 10 days or significant change in IEP placement), the IEP Team must determine what services must be provided.
    2. Continued educational services are based on IEP goals/objectives and provided by the teacher endorsed in special education.
    3. Alternative methods of providing services may include home tutoring, alternative school placement, in-school suspension, or transfer to another school.


HARASSMENT OF STUDENTS (Policy #6408)
(Sexual, Racial, Ethnic, Religious)


We strive for a learning environment for students that is free from sexual, racial, ethnic, and religious harassment. It shall be a violation of this policy for any employee or any student to harass a student through disparaging conduct or communication that is sexual, racial, ethnic, or religious in nature. The following guidelines are set forth to protect students from harassment:

Student harassment will not be tolerated. Harassment is defined as conduct, advances, gestures or words either written or spoken of a sexual, racial, ethnic, or religious nature which:

  1. Unreasonably interfere with the student's work or educational opportunities;
  2. Create an intimidating, hostile or offensive learning environment;
  3. Imply that submission to such conduct is made an explicit or implicit term of receiving grades or credit; or
  4. Imply that submission to or rejection of such conduct will be used as a basis for determining the student's grades and/or participation in a student activity.

Alleged victims of sexual, racial, ethnic, and religious harassment shall report these incidents immediately to a teacher, counselor, or building administrator. Allegations of harassment shall be fully investigated by a building administrator. An oral complaint may be submitted, however, such complaint must be reduced to writing to ensure a more complete investigation. The complaint should include the following information:

Identity of the alleged victim and the person accused;
Location, date, time and circumstances surrounding alleged incident;
Description of what happened;
Identity of witnesses; and
Any other evidence available.
After a complete investigation, if the allegations are substantiated, immediate and appropriate corrective or disciplinary action shall be initiated. A school representative will meet with and advise the complainant regarding the findings, and whether corrective measures, and/or disciplinary action were taken. The investigation and response to the complainant will be completed within 30 school days.

If the complainant is not in agreement with the findings of fact at the local school level, the complainant may, within five (5) work days, contact the Federal Rights Coordinator or the Assistant Superintendent for Administration. A system representative will review the investigation of the alleged charges. Upon completion of the review, a system representative will meet with and advise the complainant regarding the findings, and whether corrective measures, and/or disciplinary action were taken. Documentation will be filed with the Superintendent.

If the complainant is not in agreement with the findings of fact as reported by the system representative, an appeal may be made, within five (5) work days, to the Superintendent. The Superintendent will review the investigation, make any corrective action deemed necessary, and provide a written response to the complainant. If the complainant is not in agreement with the Superintendent's findings of fact, an appeal may be made to the Board of Education within five (5) work days. The Board will review the investigation and the actions of the Superintendent and may support, amend, or overturn the actions based upon review OR may have a full hearing before the Board.

A substantiated charge against an employee may subject such person to disciplinary action up to and including termination. A substantiated charge against a student may result in corrective or disciplinary action up to and including suspension.

There will be no retaliation against any person who reports harassment or participates in an investigation. However, any employee who refuses to cooperate or gives false information during the course of any investigation may be subject to disciplinary action. The willful filing of a false report will itself be considered harassment and will be treated as such.

An employee disciplined pursuant to this policy may appeal the decision by contacting the Federal Rights Coordinator or the Assistant Superintendent for Administration. Any student disciplined pursuant to this policy may appeal the decision in accordance with Shelby County disciplinary policies and procedures.

This policy shall appear in the parent/student handbook distributed annually to every student. Building administrators are responsible for ongoing education, formal and informal, regarding this policy and procedure in the building in which they work.


F.E.R.P.A. Rights


In 1974 the Family Educational Rights and Privacy Act (Buckley Amendment) Public Law 93380, 438, was passed to ensure confidentiality of student records.

Parents (custodial and non-custodial) and legal guardians have the right to inspect and review the accumulative and special education records of their child by making a written request to the official having custody of the records. The official shall have a reasonable time, not to exceed 45 days, to produce the records.

If the parent or guardian objects to the inclusion of any item or document in the record, a written statement identifying the specific item or document objected to and the basis of the objection must be filed with the custodian of the records. The custodian of records in the school is the principal. A conference with the custodian or his designated representative may then be scheduled in an attempt to resolve the matter informally. If not satisfied with results of this informal resolution, the parent or guardian may make a written appeal to the superintendent or his designated representative. A hearing, shall be scheduled within 30 days of the receipt of the written appeal. A full and fair opportunity to present relevant evidence will be granted.

NCLB Parent Notifications


Parent Involvement:
Policy 5033: Title I Parental Involvement
The Shelby County Board of Education encourages the involvement of parents, both as individuals and as groups, to act as advisors and resource people in the following ways:
  1. With specific talents to complement and extend the instructional services of the classroom teacher;
  2. To serve as advisors on curriculum development projects;
  3. To express ideas and concerns by responding to surveys and other information- gathering devices;
  4. To be actively involved in parent-teacher groups; and
  5. To serve on citizens' advisory committees.
Policy 7015.1: Parent Teacher Association (PTA)
Parent Teacher Student Association (PTSA)
Studies have consistently shown that parental involvement in education of their children provides numerous benefits. The Shelby County Board of Education supports parent involvement in each school. To facilitate parental and community involvement each school shall have a Parent Teacher Association (PTA) or Parent Teacher Student Association (PTSA) that is chartered by the National PTA Congress and the Tennessee PTA Congress. The Tennessee Congress of Parents and Teachers, a branch of the National Congress of Parents and Teachers, is a non-profit organization which seeks to unite the forces of home, school, and community on behalf of children. The Board encourages school staff to join their local PTA/PTSA chapter. School administration, faculty, and staff should encourage and foster a mutually productive relationship with the local PTA organization with each respecting the appropriate roles of the other in the joint mission of student achievement and student welfare.

The National PTA Congress stated mission is:
The Mission of the PTA
The Purpose of the PTA
Military Recruiters

Parents have the right to request in writing that their child's name, address and telephone number not be released to a military recruiter without prior written consent.

Victims of Violent Crimes

A student has the right to transfer to another school within the district if they are the victim of a violent crime at school.


Directory Information

Directory information shall also be released when approved by the superintendent in accordance with NCLB. If parents do not want this information distributed, they must notify the school in writing.