Section J: Students

• JB: Equal Educational Opportunities/Nondiscrimination
• JBA: Section 504 Hearing Procedures
• JC: School Attendance Areas
• JCA: Transfer by Student Victims of Crime
• JCB: Transfers by Students in Persistently Dangerous Schools
• JCJ: Classroom Assignments for Twins
• JEA: Compulsory Attendance
• JEB: Entrance Age/Admission of Persons Not of School Age
• JEC: School Admission
• JECB: Admission of Non-Public Students for Part-Time Enrollment
• JEC-R: School Admission
• JECA: Admission of Homeless Children
• JED: Student Absences/Excuses/Dismissals
• JEG: Exclusions and Exemptions From School Attendance
• JFB: Student Involvement in Decision Making
• JFC: Student Conduct
• JFC-R: Standards of Student Conduct
• JFCA: Teacher Removal of Students From Class
• JFCB: Sportsmanship, Ethics, and Integrity
• JFCC: Student Conduct on School Buses
• JFCD: Weapons in School
• JFCE: Gang Activity or Association
• JFCF: Drugs in School
• JFCH: Tobacco-Free School for Staff and Students
• JFCL: Notification Regarding Prosecution of Juveniles as Adults
• JFG: Search and Seizure
• JFHA: Prohibition Against Harassment and Retaliation
• JFHA-F: Report of Harassment
• JGA: Corporal Punishment
• JGD/JGE: Student Suspension/Expulsion
• JGD/JGE-R: Student Suspension/Expulsion
• JGDA: Disciplining Students With Disabilities
• JGDB: Discipline of Students With Disabilities for Infliction of Serious Bodily Injury
• JHC: Student Health Services and Requirements
• JHCA: Physical Examinations of Students
• JHCB: Student Immunizations
• JHCC: Communicable Diseases
• JHCCA: Blood Borne Contagious or Infectious Diseases
• JHCCA-E: Guidelines for School Attendance for Students With Human Immunodeficiency Virus
• JHCD: Administering Medicines to Students
• JHCE: Recommendation of Medication by School Personnel
• JHCH: School Meals and Snacks
• JHCL/GBEF: Lactation Support
• JHDA: Human Research
• JHG/GAE: Child Abuse and Neglect Reporting
• JHH: Suicide Prevention
• JJAC: Student-Athlete Concussions During Extracurricular Activities
• JJAF_Student-Athlete Sudden Cardiac Arrest
• JL: Fundraising and Solicitation
• JM: Restraint and Seclusion of Students
• JN: Student Fees, Fines, and Charges
• JN-R: Student Fee List, Fines, and Charges
• JO: Student Records
• JOA: Student Transcripts
• JP: Student Publications
• JRCA: School Service Providers' Use of Student Personal Information
• JZ: Dress Code
• JZA: Early Release
• JZB: School Assignments
• JZC: Automatic External Defibrillator (AED)
• JZC-R: Automatic External Defibrillator (AED) Guidelines
• JZD: Electronic Communication Devices Policy
• JZD-F: Electronic Communication Devices Permission Form
• JZE: Concurrent High School-College Enrollment
• JZF: School Authority
• JZG: Management of Scholastic Records
• JZH: Student Recognition
• JZI: Parties and Dances
• JZJ: Gifts
• JZK: Pupils Transported at Public Expense
• JZL: Invasive Health Activity
• JZM: Political Materials
• JZN: Foreign Exchange Students
• JZO: Student Physical Examination and Immunization
• JZP: Bullying and Harassment
• JZQ: School-Sponsored Trips
• JZR: Student Use of Motor Vehicles
• JZS: Transportation of Students to Co-Curricular Activities
• JZT: Accidents and Illnesses
• JZU: Attendance Guidelines for Public Performance of Bands and Choral Groups

JB: EQUAL EDUCATIONAL OPPORTUNITIES/NONDISCRIMINATION

I. Policy Statement

Equal educational opportunities are available for all students, without regard to sex, sexual orientation, race, creed, color, national origin, gender, gender identity, age, ethnicity, religion, ancestry, disability, parental status or any other unlawful basis. Educational programs are designed to meet the varying needs of all students.

II. Complaint Procedure

1. File Report

   Any student who believes he or she has been the victim of prohibited discrimination should report the alleged discrimination as soon as possible to one of the compliance officers designated in this policy or to any other school personnel. The alleged discrimination should be reported as soon as possible, and if possible within fifteen (15) school days of the occurrence so that an effective investigation can be conducted. Further, any student who has knowledge of conduct which may constitute prohibited discrimination should report such conduct to one of the compliance officers designated in this policy or to any school personnel. Any employee who has knowledge of conduct which may constitute prohibited discrimination shall immediately report such conduct to the building principal or one of the compliance officers designated in this policy.

   The reporting party should use the form, Complaint of Discrimination, JB-F, to make complaints of discrimination. However, oral reports shall also be accepted. The complaint should be filed with either the building principal or one of the compliance officers designated in this policy. The principal shall immediately forward any report of alleged prohibited discrimination to the compliance officer. Any complaint that involves the compliance officer shall be reported to the superintendent.

   The complaint, and identity of the complainant and of the person or persons allegedly responsible for the discrimination will not be disclosed except as required by law or policy, as necessary to fully investigate the complaint or as authorized by the complainant. A complainant who wishes to remain anonymous will be advised that such confidentiality may limit the school division's ability to fully respond to the complaint.

2. Investigation

   Upon receipt of a report of alleged prohibited discrimination, the compliance officer shall immediately authorize or undertake an investigation. The investigation may be conducted by school personnel or a third party designated by the school division. The investigation shall be completed as soon as practicable, which should generally be not later than 14 school days after receipt of the report by the compliance officer. Upon receiving the complaint, the compliance officer shall acknowledge receipt of the complaint by giving written notice that the complaint has been received to both the person complaining of discrimination and the person or persons allegedly responsible for the discrimination. Also upon receiving the complaint, the compliance officer shall determine whether interim measures should be taken pending the outcome of the investigation. If the compliance officer determines that more than 14 school days will be required to investigate the complaint, the complainant and the person or persons allegedly responsible for the discrimination will be notified of the reason for the extended investigation and of the date by which the investigation will be concluded.

   The investigation may consist of personal interviews with the complainant, the person or persons allegedly responsible for the discrimination, and any others who may have knowledge of the alleged discrimination or the circumstances giving rise to the complaint. The investigation will consider any witnesses and evidence from both the complainant and the person or persons responsible for the alleged discrimination. The investigation may also include the inspection of any documents or information deemed relevant by the investigator. The school division shall take necessary steps to protect the complainant and others pending the completion of the investigation.

   Whether a particular action or incident constitutes a violation of this policy requires a case by case determination based on all of the facts and circumstances revealed by a complete and thorough investigation.

   The compliance officer shall issue a written report to the superintendent upon completion of the investigation. If the complaint involves the superintendent, then the report shall be sent to the School Board. The report shall include a determination of whether the allegations are substantiated, whether this policy was violated and recommendations for corrective action, if any.

   All employees shall cooperate with any investigation of alleged discrimination conducted under this policy or by an appropriate state or federal agency.

3. Action by Superintendent

   Within 5 school days of receiving the compliance officer's report, the superintendent or designee shall issue a decision regarding (1) whether this policy was violated and (2) what action, if any, should be taken. This decision must be provided in writing to the complainant. If the superintendent or designee determines that prohibited discrimination occurred, Smyth County Public Schools shall take prompt, appropriate action to address and remedy the violation as well as prevent any recurrence. Such action may include discipline up to and including expulsion or discharge.

4. Appeal

   If the superintendent or designee determines that no prohibited discrimination occurred, the student who was allegedly subjected to discrimination may appeal this finding to the School Board within 5 school days of receiving the decision. Notice of appeal must be filed with the superintendent who shall forward the record to the School Board. The School Board shall make a decision within 30 calendar days of receiving the record. The School Board may ask for oral or written argument from the aggrieved party and the superintendent and any other individual the School Board deems relevant. Written notice of the School Board's decision will be given to both the complainant and the person or persons responsible for the alleged discrimination, except to the extent limited by other applicable law.

   If the Superintendent or designee determines that prohibited discrimination occurred and discipline is imposed, the disciplined person may appeal the disciplinary sanction in the same manner as any other such sanction would be appealed.

5. Compliance Officer and Alternate Compliance Officer

   The Smyth County School Board has designated

   Cole Spencer
   Director of Human Resources
   121 Bagley Circle, Suite 300
   Marion, VA 24354
   (276) 783-3791

   as the Compliance Officer responsible for identifying, preventing and remedying prohibited discrimination. Complaints of discrimination may also be made to the Alternate Compliance Officer:

   Kim Sturgill
   Director of Pupil Personnel
   121 Bagley Circle, Suite 300
   Marion, VA 24354
   (276) 783-3791

    

The School Board designates a Compliance Officer responsible for identifying, preventing and remedying discrimination as well as receiving complaints under this Policy.

The Compliance Officer:

• • receives reports or complaints of discrimination;
  • oversees the investigation of any alleged discrimination;
  • assesses the training needs of the school division in connection with this policy;
  • arranges necessary training to achieve compliance with this policy;
  • ensures that any discrimination investigation is conducted by an impartial investigator who is trained in the requirements of equal education opportunity, and has the authority to protect the alleged victim and others during the investigation.

III. Retaliation

Retaliation against students or school personnel who report discrimination or participate in the related proceedings is prohibited. The school division shall take appropriate action against any student or employee who retaliates against another student or employee who reports alleged discrimination or participates in related proceedings. The compliance officer will inform persons who make complaints, who are the subject of complaints, and who participate in investigations of how to report any subsequent problems.

IV. Right to Alternative Complaint Procedure

Nothing in this policy shall deny the right of any individual to pursue other avenues of recourse to address concerns relating to prohibited discrimination including initiating civil action, filing a complaint with outside agencies or seeking redress under state or federal law.

V. Prevention and Notice of Policy

Training to prevent discrimination should be included in employee and student orientations as well as employee in-service training.

This policy shall be (1) displayed in prominent areas of each division building in a location accessible to students, parents and school personnel, (2) included in the student and employee handbooks; and (3) sent to parents of all students within 30 calendar days of the start of school. All students and their parents/guardians shall be notified annually of the names and contact information of the compliance officers.

VI. False Charges

Students or school personnel who knowingly make false charges of discrimination shall be subject to disciplinary action.

Legal References

• 20 U.S.C. §§ 1681-1688.
• 29 U.S.C. §§ 794.
• 42 U.S.C. §§ 2000d-2000d-7.
• 34 CFR part 106.9
• Code of Virginia, 1950 as amended, §§ 2.2-3900, 2.2-3901, 2.2-3902, 22.1-23.3, 22.1-212.6:1.

Cross References

• AC: Nondiscrimination
• AD: Educational Philosophy
• GB: Equal Employment Opportunity/Nondiscrimination
• JB-F: Report of Discrimination
• JBA: Section 504 Nondiscrimination Policy and Grievance Procedure
• JFHA/GBA: Prohibition Against Harassment and Retaliation

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JBA: SECTION 504 HEARING PROCEDURES

The Smyth County School Board does not discriminate against individuals on the basis of disability. The Smyth County School Board has established this policy as a way to provide prompt and impartial review of complaints alleging any action prohibited by Section 504 of the Rehabilitation Act of 1973. This policy provides an optional resolution procedure for a complainant. This procedure is not a prerequisite before a complainant may directly pursue any other remedy available under state or federal law. However, the policy of Smyth County School Board is for students, parents/guardians and employees to have the opportunity to make concerns known to the School Board and for the School Board to have the opportunity to respond to and resolve concerns as rapidly as
practicable.

The goal of these procedures is to protect the substantive rights of interested persons, meet appropriate due process standards, assure School Board compliance with Section 504 of the Rehabilitation Act of 1973 and provide a prompt, equitable and impartial resolution of complaints alleging a violation of Section 504.

Any student or any parent or guardian of a student may be a complainant and may file a formal or informal grievance as provided below.

A. FORMAL PROCEDURE

1. Filing a Complaint

Any complainant should submit a complaint alleging discrimination as soon as possible to the Compliance Officer or to any other school or school division staff.  The complaint shall be submitted within 45 school days of the alleged discrimination. Any employee who has knowledge of conduct which may constitute discrimination shall immediately report such conduct to the Compliance Officer, the employee's supervisor, or to any other school or school division staff. Any employee who receives a complaint under this policy shall immediately forward the complaint to the Compliance Officer.

The complainant should use the “Complaint of Discrimination” form (see end of this policy) to make a complaint of discrimination. However, oral complaints are also accepted. The complaint should be filed with the school principal, other school or school division staff, or the Compliance Officer. School or school division staff receiving a complaint of discrimination shall forward it to the school principal; who shall immediately forward the complaint of discrimination to the Compliance Officer. Any complaint that involves the Compliance Officer shall be reported to the superintendent. Any complaint that involves the superintendent shall be reported to the School Board Chair.

The complaint and the identity of the complainant, the individual who is the subject of the complaint (if other than the complainant), and the persons allegedly responsible for the discrimination will not be disclosed except as required by law or policy, as necessary to fully investigate the complaint or as authorized by the complainant.

2. Investigation

Upon receipt of a report or complaint of discrimination, the Compliance Officer immediately authorizes or undertakes an investigation. The investigation may be conducted by school staff or a third party designated by the school division. The investigation shall be completed as soon as practicable, but not later than 15 school days after receipt of the complaint of alleged discrimination by the Compliance Officer unless the extension below is exercised. Within 3 school days of receiving the complaint, the Compliance Officer sends written notice that the complaint has been received to the complainant and the person or persons allegedly responsible for the discrimination.

Also upon receiving the complaint, the Compliance Officer determines whether interim measures should be taken pending the outcome of the investigation. If the Compliance Officer determines that more than 15 school days will be required to investigate the complaint, the Compliance Officer will notify the complainant and the person or persons allegedly responsible for the discrimination of the reasons for the extended investigation and of the date by which the investigation is projected to be concluded, which will be no longer than an additional 15 school days. The investigation may consist of personal interviews with the complainant, the person or persons allegedly responsible for the discrimination, and any others who may have knowledge of the alleged discrimination or the circumstances giving rise to the complaint. The investigation may also include the inspection of any documents or information deemed relevant by the investigator. The complainant and the person or persons allegedly responsible for the discrimination have the right to identify witnesses and other relevant information as well as rebut evidence presented by others. The school division takes necessary steps to protect the complainant and others pending the completion of the investigation.

Whether a particular action or incident constitutes a violation of this policy requires a case by case determination based on all of the facts and circumstances revealed by a complete and thorough investigation.

The Compliance Officer shall issue a written report to the superintendent upon completion of the investigation. If the complaint involves the superintendent, then the report shall be sent to the School Board. The report shall include a determination of whether the allegations are substantiated, whether this policy was violated and recommendations for corrective action, if any. The Compliance Officer’s written report, and all written notices sent pursuant to this policy are maintained and distributed in accordance with the Family Educational Rights and
Privacy Act and Policy JO Student Records. The report shall be issued to the superintendent, the complainant and the accused person or persons allegedly responsible for the discrimination within 20 school days of receipt of the
complaint, unless additional time was utilized for the investigation in which case the report shall be issued within 35 school days of receipt of the complaint.

3. Action by the Superintendent

Within 10 school days of receiving the Compliance Officer’s report, the superintendent or superintendent's designee shall issue a decision regarding:
(1) whether this policy was violated and, if so (2) what action, if any, will be taken. 
This decision must be provided in writing to the complainant and the person or persons allegedly responsible for the discrimination. If the superintendent determines that discrimination occurred, the school division takes prompt,
appropriate action to address and remedy the harm and prevent any recurrence. Such action may include discipline up to and including recommending that a student be expelled or that an employee be discharged.

4. Appeal

If the superintendent or designee determines that no discrimination occurred, the complainant may appeal this determination to the School Board within 5 calendar  days of receiving the decision. Notice of appeal must be filed with the superintendent, who shall forward the Compliance Officer’s report and any documentation or information deemed relevant by the Compliance Officer during the course of the investigation to the School Board. The School Board shall make a decision within 30 calendar days of receiving the record. The School Board may require oral or written argument from the complainant, the person or persons allegedly responsible for the discrimination, the superintendent, and any other individual it deems appropriate. An extension of the 30 calendar day time limit may occur if necessary as determined by the School Board Chair up to an additional 10 calendar days. The decision of the School Board shall be in writing and shall be provided to the complainant and the person or persons allegedly
responsible for the discrimination.

If the superintendent or superintendent’s designee determines that discrimination occurred and discipline is imposed, the disciplined person (i.e. student or employee) may appeal the disciplinary sanction in accordance with existing School Board policies and regulations.

5. Compliance Officer

The School Board designates a Compliance Officer responsible for identifying, preventing and remedying discrimination as well as receiving complaints under this Policy. The name and contact information for the Compliance Officer is posted on the Division’s website at all times. The Compliance Officer may be
contacted at 276-783-3791.

The Smyth County School Board’s Compliance Officer receives training and is knowledgeable about the requirements of Section 504 in order to impartially and equitably resolve complaints and ensure compliance with the law. In addition, the Compliance Officer

• receives reports and complaints of discrimination,
• conducts or oversees the investigation of any alleged discrimination,
• assesses the training needs of the school division in connection with
this policy and
• arranges necessary training to achieve compliance with this policy.

B. INFORMAL PROCEDURE

If the complainant and the person or persons allegedly responsible for the discrimination agree, the school principal, principal’s designee or the Compliance Officer may arrange for them to resolve the complaint informally with the assistance of a counselor, teacher or other school or school division staff.

If the complainant and the person or persons allegedly responsible for the discrimination agree to attempt to resolve the complaint informally, they shall each be informed that they have the right to abandon the informal procedure at any time in favor of the initiation of the above formal procedures.

If the complaint is resolved informally, the counselor, teacher or other school or school division staff shall notify the school principal of the resolution. The school principal shall notify the complainant, the person or persons allegedly responsible for the discrimination and the Compliance Officer in writing that the complaint has been resolved informally.

C. RETALIATION

Retaliation against students, school staff or school division staff who report discrimination or participate in the related proceedings is prohibited. The school division shall take appropriate action against any student or employee who retaliates against another student or employee who reports alleged discrimination or
participates in related proceedings.

D. FALSE CHARGES

Students, school staff or school division staff who make false charges of discrimination are subject to disciplinary action.

Legal References

• 29 U.S.C. § 794
• 34 C.F.R. § 104.7

Cross References

• GCPD Professional Staff Discipline
• JB Equal Educational Opportunities/Nondiscrimination
• JGD/JGE Student Suspension/Expulsion
• JO Student Records

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JC: SCHOOL ATTENDANCE AREAS

School attendance areas for each school are established by the School Board. Students shall attend the school in the attendance area in which they reside and to which they are assigned, unless special permission is granted by the Superintendent.

Any student who resides on a military installation or in military housing within the division is permitted to enroll in any school in the division upon the request of the student’s parent if space in the school is available. The superintendent is responsible for establishing an application process which may include the following:

• A process by which a parent or guardian indicated a school preference for purposes of his child attending a school in the division but outside of the attendance area in which the child resides
• A requirement that the parent or guardian provide transportation for the student attending a school outside the attendance zone in which the child resides
• A requirement that the student may be disqualified from attending a school outside the attendance area in which the child resides if he has been subject to specified disciplinary actions
• A prohibition on the recruitment of a student from one school to another by a school division employee
• A limitation on participation in certain athletic activities for a student sho chooses to attend a school outside the attendance zone in which he resides
• A random, unbiased selection process in the event enrollment requests exceed the capacity of a school
• A provision that a student will be permitted to remain at the receiving school until the student has completed the highest grade level in that school
• A preference to a student
  • Who resides in a location that has been subject to a change in school attendance area during the previous two years
  • Who has a sibling attending the receiving school, or
  • Whose parent or guardian is an employee of the receiving school

Changes in attendance areas shall be determined by the School Board, upon recommendation of the superintendent based on the need to provide for the orderly administration of the schools, the competent instruction of the students, and the health, safety, best interests and general welfare of all students.

As used in this policy, “military installation” means a base, post, station, yard, center, homeport facility for any ship, fort, or other activity under the jurisdiction of the Department of Defense, including any leased facility, that is located in whole or in part within the Commonwealth. “Military installation” does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.

Adopted: July 13, 2015
Revised: November 12, 2018

Legal References

• Code of Virginia, 1950 as amended, §§ 22.1-7.1, 22.1-78, 22.1-79, 22.1-253.13:7.

Cross References

• JCA: Transfers by Student Victims of Crime
• JCB: Transfers by Students in Persistently Dangerous Schools

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JCA: TRANSFERS BY STUDENT VICTIMS OF CRIME

Whenever any student has been the victim of any crime against the person pursuant to Chapter 4 of Title 18.2 of the Code of Virginia including crimes by mobs, crimes by gangs, terrorism offenses, kidnapping and related offenses, robbery, extortion or other threats, or sexual assault, and such crime was committed:

• by another student attending classes in the school, or
• by any employee of the school board, or
• by any volunteer, contract worker or other person who regularly performs services in the school, or
• if the crime was committed upon the school property or on any school bus owned or operated by the school division

the student upon whom the crime was committed shall, upon written request from the student’s parents, or the student, if such student is an emancipated minor, be permitted to transfer to another comparable school within the division if available. Any transportation services for such students shall be provided in accordance with School Board policies.

For purposes of this policy, "victim" means any student who has been the victim of a crime against the person pursuant to Chapter 4 of Title 18.2 of the Code of Virginia, and who has suffered physical, psychological, or economic harm as a direct result of the commission of such crime.

Adopted: May 9, 2011

Legal References

• 20 U.S.C. § 7912.
• Code of Virginia, §§ 22.1-3, 22.1-3.3.

Cross References

• JC: Student Attendance Areas
• JCB: Transfers by Students in Persistently Dangerous Schools

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JCB: TRANSFERS BY STUDENTS IN PERSISTENTLY DANGEROUS SCHOOLS

Any student attending a school which has been designated as a persistently dangerous school by the Virginia Department of Education will be offered the opportunity to transfer to another school in the division which is not so designated. If there is not another school in the division to which students may transfer, the division may explore other appropriate options such as an agreement with a neighboring division to accept transfer students.

In the event that a student elects to transfer, the transfer may remain in effect as long as the student's original school is identified as persistently dangerous.

Adopted: April 28, 2009

Legal References

• 20 U.S.C. § 7912.
• Attachment A (No Child Left Behind Act of 2001 Unsafe School Choice Option Persistently Dangerous Schools Identification Process and Criteria) to Superintendent's Memo No. 86 (May 9, 2003).

Cross References

• JC: Student Attendance Areas
• JCA: Transfers by Student Victims of Crime

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JCJ: CLASSROOM ASSIGNMENTS FOR TWINS

A parent of twins or higher order multiples in the same grade level may request that the children be placed in the same classroom or in separate classrooms if they are at the same elementary school. A parent must request the classroom placement no later than 3 days after the first day of each school year or 3 days after the first day of attendance of the children during a school year. Schools may recommend classroom placement to the parent.

Schools must provide the placement requested by the children's parent, unless the division superintendent or his designee makes a classroom placement determination following the school principal's request, at the end of the initial grading period, and in consultation with the children's classroom teacher, based upon a determination that the requested classroom placement is disruptive to the school or is harmful to the children's educational progress.

Adopted: June 30, 2009

Legal References

• Code of Virginia, as amended, § 22.1-79.3.

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JEA: COMPULSORY ATTENDANCE

Every parent, guardian, or other person having control or charge of any child who will have reached the fifth birthday on or before September 30 of any school year and who has not passed the eighteenth birthday shall cause such child to attend a public school or otherwise provide the child with an education in accordance with state law unless the child is exempt from the state’s compulsory attendance requirement.

Further, in the case of any five-year-old child, the requirements of this policy may be alternatively satisfied by causing the child to attend any public educational prekindergarten program, including a Head Start program, or in a private, denominational, or parochial educational prekindergarten program.

As used in this policy, “attend” includes participation in educational programs and courses at a site remote from the school with the permission of the school and in conformity with applicable requirements.

The requirements of this policy apply to

• any child in the custody of the Department of Juvenile Justice or the Department of Corrections who has not passed the child’s eighteenth birthday, and
• any child whom the superintendent has required to take a special program of prevention, intervention, or remediation as provided in Va. Code §§ 22.1-253.13:1.C and 22.1-254.01.

The requirements of this policy do not apply to

• any person 16 through 18 years of age who is housed in an adult correctional facility when such person is actively pursuing the achievement of a passing score on a high school equivalency examination approved by the Board of Education but is not enrolled in an individual student alternative education plan, and
• any child who has obtained a high school diploma or its equivalent, a certificate of completion, or has achieved a passing score on a high school equivalency examination approved by the Board of Education or who has otherwise complied with compulsory school attendance requirements.

Individual Student Alternative Education Plan

The School Board may allow the compulsory attendance requirements to be met pursuant to an individual student alternative education plan developed in conformity with guidelines prescribed by the Board of Education under the following conditions:

1. The student must be at least sixteen years of age.
2. There shall be a meeting of the student, the student’s parents, and the principal or principal’s designee of the school in which the student is enrolled to develop the plan, which must include the following:
   • career guidance counseling;
   • mandatory enrollment and attendance in a preparatory program for passing a high school equivalency examination approved by the Board of Education or other alternative education program approved by the School Board, with attendance reported to the principal or principal’s designee;
   • mandatory enrollment in a program to earn a Board of Education-approved career and technical education credential, such as the successful completion of an industry certification, a state licensure examination, a national occupational competency assessment, or the Virginia workplace readiness skills assessment;
   • successful completion of the course in economics and personal finance required to earn a Board of Education-approved high school diploma;
   • counseling on the economic impact of failing to complete high school; and
   • procedures for re-enrollment.
3. A student for whom such an individual student alternative education plan has been granted but who fails to comply with the conditions of the plan shall be in violation of the compulsory attendance laws, and the superintendent or attendance officer shall seek immediate compliance with such laws.

Alternative Education Programs

The superintendent may, in accordance with the procedures set forth in Va. Code § 22.1-276.01 et seq. and School Board policy and upon a finding that a school-age child has been

• charged with an offense relating to the Commonwealth’s laws, or with a violation of School Board policies, on weapons, alcohol or drugs, or intentional injury to another person;
• found guilty or not innocent of a crime that resulted in or could have resulted in injury to others, or of an offense that is required to be disclosed to the superintendent pursuant to subsection G of Va. Code § 16.1-260;
• suspended pursuant to Va. Code § 22.1-277.05; or
• expelled from school attendance pursuant to Va. Code §§ 22.1-277.06, 22.1-277.07, or subsection B of § 22.1-277,

require a student to attend an alternative education program as provided by Va. Code §§ 22.1-209.1:2 or 22.1-277.2:1.

Prior to requiring a student to attend an alternative education program, the Superintendent provides (1) written notice to the student and the student’s parent/guardian that the student will be required to attend an alternative education program and (2) written notice to the student and the student’s parent/guardian of the right to a hearing before the superintendent or designee regarding the placement. The decision of the superintendent or superintendent's designee regarding such alternative education placement is final unless altered by the school board, upon written petition, by the student or the student’s parent, for a review of the record by the school board. Any petition for review of the decision of the superintendent or superintendent’s designee must be filed within 5 business days.

Whenever a court orders any pupil into an alternative education program, including a program of general educational development, offered in the public schools, the School Board shall determine the appropriate alternative education placement of the pupil regardless of whether the pupil attends the public schools it supervises or resides within its school division.

Reports Regarding Nonenrolled Children

The attendance officer, the superintendent, or the superintendent’s designee checks the reports submitted pursuant to subsection A of Va. Code § 22.1-260 with reports from the State Registrar of Vital Records and Health Statistics. From these reports and from any other reliable source the attendance officer, the superintendent, or the superintendent’s designee, within five days after receiving all reports submitted pursuant to subsection A of Va. Code § 22.1-260, makes a list of the names of children who are not enrolled in any school and who are not exempt from school attendance. The attendance officer investigates all cases of nonenrollment and, when no valid reason is found therefor, notifies the parent, guardian or other person having control of the child to require the attendance of such child at the school within three days from the date of such notice.

Legal References

• Code of Virginia, 1950, as amended, § 22.1-254, 22.1-261, 22.1-277.2:1.
• 8 VAC 20-110-10 et seq.

Cross References

• JEG: Exclusions and Exemptions from School Attendance
• LBD: Home Instruction

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JEB: ENTRANCE AGE/ADMISSION OF PERSONS NOT OF SCHOOL AGE

A child who will reach his or her fifth birthday on or before September 30 of the school year and is otherwise eligible for enrollment in school as specified in Policy JEC School Admission and Regulation JEC-R School Admission may be enrolled in school. The superintendent disseminates information received from the State Superintendent of Public Instruction concerning the ages when children are required or eligible to attend school. This information is disseminated to parents of such children upon or prior to enrollment of such children in the public schools of the division.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-1, 22.1-3, 22.1-5, 22.1 199, 22.1-254.

Cross References

• JEC: School Admission
• JEC-R: School Admission

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JEC: SCHOOL ADMISSION

A person of school age (i.e., a person who will have reached the person’s fifth birthday on or before September 30 of the school year and who has not reached 20 years of age on or before August 1st of the school year) is eligible for admission on a non-tuition basis if residing in the Smyth County School Division, or if eligible for admission under Policy JECA: Admission of Homeless Children.

A person of school age shall be deemed to reside in the school division

• when the person is living with a natural parent, or a parent by legal adoption, in the Smyth County School Division;
• when, in accordance with the provisions of Va. Code § 22.1-360, the person is living with a noncustodial parent or other person standing in loco parentis, not solely for school purposes, pursuant to a Special Power of Attorney executed under 10 United States Code § 1044b by the custodial parent;
• when the parents of such person are dead and the person is living with a person in loco parentis who actually resides within the school division;
• when the parents of such person are unable to care for the person and the person is living, not solely for school purposes, with another person who resides in the school division and is either:
  • the court-appointed guardian, or has legal custody of the person, or
  • acting in loco parentis pursuant to placement of the person for adoption by a person or entity authorized to do so under Va. Code § 63.2-1200;
  • an adult relative providing temporary kinship care as that term is defined in Va. Code § 63.2-100. Both parents and the relative providing kinship care must submit signed, notarized affidavits
    • explaining why the parents are unable to care for the person,
    • detailing the kinship care arrangement, and
    • agreeing that the kinship care provider or a parent will notify the school within 30 days of when the kinship care arrangement ends.
    The parent must also provide a power of attorney authorizing the adult relative to make educational decisions regarding the person. The School Board may require a parent or the kinship care provider to also obtain written verification from the department of social services where the parent or parents live, and the department of social services where the kinship provider lives, that the kinship arrangement serves a legitimate purpose that is in the best interest of the person other than school enrollment. If the kinship care arrangement lasts more than one year, the school division must receive continued verification directly from both departments of social services that the parents are unable to care for the person and that the kinship care arrangement serves a legitimate purpose other than school enrollment.
• when the person is living in the school division not solely for school purposes, as an emancipated minor; 
• when all or any portion of the building in which the person resides (i) with another person as set forth in the first through fourth bullets above or (ii) as an emancipated minor as set forth in the fifth bullet above is taxable by the locality in which the school division is located; or
• when the person has been placed in a foster care placement within the school division by a local social services agency. These provisions apply to any student who was in foster care upon reaching 18 years of age and has not reached 22 years of age.

The sending and receiving school divisions will cooperate in facilitating the enrollment of any child placed in foster care across jurisdictional lines to enhance continuity of instruction. The child will be allowed to continue to attend the school in which the child was enrolled prior to the most recent foster care placement, upon the joint determination of the placing social services agency and the school division that such attendance is in the best interest of the child.

No person of school age who is the subject of a foster care placement will be charged tuition regardless of whether the child is attending the school in which the child was enrolled prior to the most recent foster care placement or is attending a school in the receiving school division.

Certain other students may be admitted into the public schools of the division and may be charged tuition in accordance with Va. Code § 22.1-5 and pursuant to Smyth County School Board Regulation JEC-R School Admission.

Children of Persons on Active Military Duty

No child of a person on active military duty

• who is attending a school free of charge in accordance with this policy will be charged tuition by the school division upon such child's relocation to military housing located in another school division in the Commonwealth, pursuant to orders received by such child's parent to relocate to base housing. Such children are allowed to continue attending school in the school division and are not charged tuition for attending such school.
• who is attending a school free of charge in accordance with this policy will be charged tuition upon such child’s relocation pursuant to orders received by such child’s parent to relocate to a new duty station or to be deployed. Such children are allowed to remain enrolled in the current school division free of tuition through the end of the school year; and
• who is eligible to attend free of charge in accordance with this policy will be charged tuition by a school division that will be the child’s school division of residence once the child’s service member parent is relocated pursuant to orders received. Such a child will be allowed to enroll in the school division of the child’s intended residence if documentation is provided, at the time of enrollment, of military orders of the service member parent or an official letter from the service member’s command indicating such relocation. Documentation indicating a permanent address within the school division must be provided to the school division within 120 days of a child’s enrollment or tuition may be charged, including tuition for the days since the child’s enrolment in school. In the event that the child’s service member parent is ordered to relocate before the 120th day following the child’s enrollment, the school division will not charge tuition. Students eligible to enroll in the school division in accordance with this policy because they are the children of military personnel on active military duty who will reside in the division may register, remotely or in-person, for courses and other academic programs and participate in the lottery process for charter schools and college partnership laboratory schools in the school division at the same time and in the same manner as students who reside in the division. The assignment of the school such child will attend will be determined by the school division.

Such children are counted in the average daily membership of the school division in which they are enrolled. Further, the school division in which such children are enrolled subsequent to their relocation to base housing is not responsible for providing for their transportation to and from school. 

Children of Certain Federal Employees

Children of federal employees serving under orders pursuant to Title 22 or 50 of the United States Code are eligible for enrollment in BLANK School Division provided that the documents required by Va. Code §§ 22.1-3.1 and 22.1-3.2 are provided and subject to the authority of the school division to exclude such children from attendance
pursuant to Va. Code § 22.1-277.2 or if such children have been found guilty or adjudicated delinquent for any offense listed in subsection G of Va. Code § 16.1-260 or any substantially similar offense under the laws of any state.

Students may enroll in the BLANK School Division if the division is the student’s intended residence if documentation is provided at the time of enrollment of Title 22 or 50 orders of the federal employee parent. Documentation indicating a permanent address within the school division must be provided to the school division within 120 days of a student's enrollment or tuition may be charged, including tuition for the days since the student's enrollment. In the event that the federal employee parent is ordered to relocate under Title 22 or Title 50 orders before the one hundred twentieth day following the student's enrollment, the school division will not charge tuition. Students eligible to enroll in the school division pursuant to this section may register, remotely or in person, for courses and other academic programs and participate in the lottery process for charter schools and college partnership laboratory schools in the school division at the same time and in the same manner as students who reside in the division. The assignment of the school that such student will attend will be determined by the school division. 

"Children of federal employees serving under orders pursuant to Title 22 or 50 of the United States Code" means school-age children, enrolled in kindergarten through grade 12, in the household of a federal employee serving under orders pursuant to Title 22 or 50 of the United States Code.

ADDITIONAL ADMISSION REQUIREMENTS

1. Except as otherwise provided below, no pupil is admitted for the first time to any public school in any school division in Virginia unless the person enrolling the pupil presents, upon admission, a certified copy of the pupil's birth record. The principal or principal’s designee records the official state birth number from the pupil's birth record into the pupil's permanent school record and may retain a copy in the pupil's permanent school record. If a certified copy of the pupil's birth record cannot be obtained, the person so enrolling the pupil must submit an affidavit setting forth the pupil's age and explaining the inability to present a certified copy of the birth record. If the school division cannot ascertain a child's age because of the lack of a birth certificate, the child will nonetheless be admitted into the public schools if the division superintendent determines that the person submitting the affidavit presents information sufficient to estimate with reasonable certainty the age of such child.
2. If a certified copy of the birth record is not provided, the administration immediately notifies the local law enforcement agency. The notice to the local law-enforcement agency includes copies of the submitted proof of the pupil's identity and age and the affidavit explaining the inability to produce a certified copy of the birth record.
3. Within 14 days after enrolling a transfer student, the administration requests documentation that a certified copy of the pupil's birth record was presented when the pupil was enrolled in the former school.
4. The School Board assigns a unique student identification number, determined in accordance with a system developed by the Virginia Department of Education, to each student enrolled in the division. No student identification number includes or is derived from the student’s social security number. Each student retains the student’s identification number for as long as the student is enrolled in a public elementary or secondary school in Virginia.
5. Tuition rates are established each year in accordance with the provisions of Va. Code § 22.1–5.
6. Prior to admission to the Smyth County School Division, the parent, guardian, or other person having control or charge of the child must provide, upon registration,

• • • a sworn statement or affirmation indicating whether the student has been expelled from school attendance at a private school or in a public school division of the Commonwealth or another state for an offense in violation of school board policies relating to weapons, alcohol or drugs, or for the willful infliction of injury to another person. This document is maintained as a part of the student's scholastic record; and
    • a sworn statement or affirmation indicating whether the student has been found guilty of or adjudicated delinquent for any offense listed in subsection G of Va. Code § 16.1-260 or any substantially similar offense under the laws of any state, the District of Columbia, or the United States or its territories. This document is maintained by the superintendent and by any others to whom the superintendent disseminates it, separately from all other records concerning the student.

However, if the school administrators or the School Board takes disciplinary action against a student based upon an incident which formed the basis for the adjudication of delinquency or conviction for an offense listed in subsection G of § 16.1-260, the notice will become a part of the student's disciplinary record.

Upon the expiration of the exclusion period for an expulsion or a withdrawal of admission, which period is established by the School Board, committee thereof, or superintendent or superintendent’s designee, as the case may be, at the relevant hearing, the student may petition the School Board for readmission. If the petition for readmission is rejected, the School Board identifies the length of the continuing exclusion period and the subsequent date upon which such student may petition the School Board for readmission.

For the purposes of this section, the superintendent's designee must be a (i) trained hearing officer or (ii) professional employee within the administrative offices of the school division who reports directly to the superintendent and who is not a school-based instructional or administrative employee.

In excluding any such expelled student from school attendance, the School Board may accept or reject any or all of any conditions for readmission imposed upon such student by the expelling school board pursuant to Va. Code § 22.1-277.06. The excluding School Board may not impose additional conditions for readmission to school.

9. This policy does not preclude contractual arrangements between the Smyth County School Board and agencies of the federal government or the school board of another jurisdiction to permit students not otherwise eligible to attend Smyth County Public Schools.

If the person enrolling a child who has been placed in foster care by a local social services agency is unable to produce a report of a comprehensive physical examination and/or proof of immunization, the student is immediately enrolled; however, the person enrolling the child must provide a written statement that, to the best of the person's knowledge, the student is in good health and is free from communicable or contagious disease. In addition, the placing social service agency must obtain and produce the required documents or otherwise ensure compliance with the statutory requirements for the foster child within 30 days after the child's enrollment.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1 1, 22.1 3, 22.1-3.1, 22.1-3.2, 22.1-3.4, 22.1 5, 22.1-255, 22.1 260, 22.1-270, 22.1-271.2, 22.1-276.01, 22.1-277.2, 22.1-287.02, 22.1-287.02, 22.1-288.2, 22.1-369, 22.1-373, 22.1-378, 32.1-46, 63.2-100, 63.2-900, and 63.2-1200.
• 2007 Va. Opin. AG 07-015.
• 1987-88 Va. Opin. AG 374.

Cross References

• JECA: Admission of Homeless Children
• JHCA: Physical Examinations of Students
• JHCB: Immunization of Students
• JGD/JGE: Student Suspension/Expulsion

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JECA: ADMISSION OF HOMELESS CHILDREN

The Smyth County School Board is committed to educating homeless children and youth. Homeless children and youth are not stigmatized or segregated on the basis of their status as homeless. The school division will coordinate the identification and provision of services to such students with relevant local social services agencies and other agencies and programs providing services to such students, and with other school divisions as may be necessary to resolve interdivisional issues.

Smyth County Public Schools will serve each homeless student according to the student’s best interest and will continue the student's education in the school of origin for the duration of homelessness

• if the student becomes homeless between academic years or during an academic year; or
• for the remainder of the academic year, if the student becomes permanently housed during an academic year; or
• enroll the student in any public school that non-homeless students who live in the attendance area in which the student is actually living are eligible to attend.

In determining the best interest of a homeless student, the Smyth County School Board

• presumes that keeping the student in the school of origin is in the student’s best interest, except when doing so is contrary to the request of the student’s parent or guardian, or (in the case of an unaccompanied youth) the youth;
• considers student-centered factors related to the student’s best interest, including factors related to the impact of mobility on achievement, education, health and safety of homeless students, giving priority to the request of the student’s parent or guardian or (in the case of an unaccompanied youth) the youth;
• if, after conducting the best interest determination based on consideration of the presumption and the student-centered factors above, Smyth County Schools determines that it is not in the student’s best interest to attend the school of origin or the school requested by the parent or guardian, or(in the case of an unaccompanied youth) the youth, provides the student’s parent or guardian or the unaccompanied youth with a written explanation of the reasons for its determination, in a manner and form understandable to such parent, guardian or unaccompanied youth, including information regarding the right to appeal; and
• in the case of an unaccompanied youth, ensures that the division homeless liaison assists in placement or enrollment decisions, dives priority to the views of such unaccompanied youth and provides notice to such youth of the right to appeal.

Enrollment

The school selected in accordance with this policy immediately enrolls the homeless student, even if the student is unable to produce records normally required for enrollment, such as previous academic records, records of immunization and other required health records, proof of residency, or other documentation; or has missed application or enrollment deadlines during any period of homelessness.

The enrolling school immediately contacts the school last attended by the student to obtain relevant academic and other records.

If the student needs to obtain immunizations or other required health records, the enrolling school immediately refers the parent or guardian of the student or, (in the case of an unaccompanied youth) the youth, to the division's homeless liaison, who assists in obtaining necessary immunizations or screenings, or immunization or other required health records.

If the documentation regarding the comprehensive physical examination required by Policy JHCA: Physical Examinations of Students cannot be furnished for a homeless child or youth, and the person seeking to enroll the pupil furnishes to the school division an affidavit stating that the documentation cannot be provided because of the homelessness of the child or youth and also indicating that, to the best of the person’s knowledge, such pupil is in good health and free from any communicable or contagious disease, the school division immediately refers the student to the local school division homeless liaison who, as soon as practicable, assists in obtaining the necessary physical examination by the county or city health department or other clinic or physician's office and immediately admits the pupil to school.

The decision regarding placement is made regardless of whether the student lives with the homeless parents or has been temporarily placed elsewhere.

Enrollment Disputes

If a dispute arises over eligibility, or school selection or enrollment in a school

• the homeless student is immediately enrolled in the school in which enrollment is sought, pending final resolution of the dispute, including all available appeals;
• the parent or guardian of the student or (in the case of an unaccompanied youth) the youth is provided with a written explanation of any decisions related to school selection or enrollment made by the school, the school division or the Virginia Department of Education, including the rights of the parent, guardian, or student to appeal the decision;
• the student, parent, or guardian is referred to the division’s homeless liaison who carries out the appeal process as expeditiously as possible after receiving notice of the dispute; and
• in the case of an unaccompanied youth, the homeless liaison ensures that the youth is immediately enrolled in the school in which the youth seeks enrollment pending resolution of the dispute.

Appeal Process

Oral Complaint

In the event that an unaccompanied student or the parent or guardian of a student (hereinafter referred to as the Complainant) disagrees with a school’s decision regarding the student’s eligibility to attend the school, the Complainant shall orally present the Complainant’s position to the division’s homeless liaison.

Written Complaint

If the disagreement is not resolved within five (5) school days, the Complainant may present a written complaint to the homeless liaison. The written complaint must include the following information: the date the complaint is given to the homeless liaison; a summary of the events surrounding the dispute; the name(s) of the school division personnel involved in the enrollment decision; and the result of the presentation of the oral complaint to the homeless liaison.

Within five (5) school days after receiving the written complaint, the homeless liaison will reach a decision regarding the contested enrollment and shall provide a written statement of that decision, including the reasons therefore, to the Complainant. The liaison will inform the Superintendent of the formal complaint and its resolution.

Appeal to Superintendent

If the Complainant is not satisfied with the written decision of the homeless liaison, the Complainant may appeal that decision to the Superintendent by filing a written appeal. The homeless liaison shall ensure that the Superintendent receives copies of the written complaint and the response thereto. The Superintendent or designee shall schedule a conference with the Complainant to discuss the complaint. Within five (5) school days of receiving the written appeal, the Superintendent, or designee, shall provide a written decision to the Complainant including a statement of the reasons therefore.

Comparable Services

Each homeless student shall be provided services comparable to services offered to other students in the school attended by the homeless student including the following:

• transportation services;
• educational services for which the student meets the eligibility criteria, such as services provided under Title I, educational programs for children with disabilities, and educational programs for English learners;
• programs in career and technical education;
• programs for gifted and talented students; and
• school nutrition programs.

Transportation

At the request of the parent or guardian (or in the case of an unaccompanied youth, the liaison), transportation is provided for a homeless student to and from the school of origin as follows:

• if the homeless child or youth continues to live in the area served by the division in which the school of origin is located, the child's or youth's transportation to and from the school of origin is provided or arranged by the division in which the school of origin is located.
• if the homeless child's or youth's living arrangements in the area served by the division in which the school of origin is located terminate and the child or youth, though continuing the student’s education in the school of origin, begins living in an area served by another division, the division of origin and the division in which the homeless child or youth is living must agree upon a method to apportion the responsibility and costs for providing the child with transportation to and from the school of origin. If the divisions are unable to agree upon such method, the responsibility and costs for transportation are shared equally.

Definitions

The term "homeless student" means an individual who lacks a fixed, regular, and adequate nighttime residence and includes:

1. children and youths, including unaccompanied youths who are not in the physical custody of their parents, who
   1. are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations or in emergency or transitional shelters; or are abandoned in hospitals;
   2. have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; or
   3. are living in parked cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
2. migratory children who qualify as homeless for the purposes of this policy because the children are living in circumstances described above.

The term “homeless student” also includes students who are experiencing trauma or a lack of safety related to, or fleeing or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous, traumatic, or life-threatening conditions related to the violence against the student or a family member in the
student’s or family’s current housing situation, including where the health or safety of children are jeopardized and who has no other safe residence and lacks the resources to obtain other safe permanent housing.

The term "migratory child" means a child who moved from one residence to another and from one school division to another in the preceding 36 months as a migratory agricultural worker or migratory fisher or with, or to join, a parent or spouse who is a migratory agriculture worker or a migratory fisher.

The term "school of origin" means the school that the student attended when permanently housed or the school in which the student was last enrolled.

The term "unaccompanied youth" includes a youth not in the physical custody of a parent or guardian.

Legal References

• 20 U.S.C. § 6399
• 42 U.S.C. §§ 11302, 11431, 11432, 11433.
• Code of Virginia, 1950 as amended, §§ 22.1-3, 22.1-70, 22.1-78, 22.1-253.13:1, 22.1-270.

Cross References

• JEC: School Admission
• JHCA: Physical Examinations of Students

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JECB: ADMISSION OF NON-PUBLIC STUDENTS FOR PART-TIME ENROLLMENT

The Smyth County School Board acknowledges the provisions for equivalent instruction under Virginia law. The Board further observes that equivalent or "acceptable alternative" home or private school instruction is not the same as the education delivered in the public school system.

The parents of students attending private school or being home schooled pursuant to Va. Code § 22.1-254.1 who wish to enroll their students on a part-time basis in Smyth County Public Schools for participation in academic courses shall, along with the students, conform with the following provisions:

I. Admission

The parents shall identify their children as private school or home school students who desire part-time enrollment in academic courses of study. Students admitted under this policy shall be designated as part-time students. At the time of applying for admission, students shall designate the academic course(s) they want to attend. Students enrolled on a part-time basis will be counted in the division’s average daily membership (ADM). Part-time students who are either enrolled in a non-public school or are receiving home instruction pursuant to Va. Code § 22.1-254.1 and are enrolled in any course in Smyth County Public Schools shall be counted in the division’s ADM on a pro rata basis. Each such course enrollment by such students will be counted as 0.25 in the ADM. However, no such non-public or home school student will be counted as more than one-half a student for purposes of such pro rata calculation. The pro rata calculation will not include enrollments of such student in any other public school courses.

II. Enrollment

Students must enroll in at least one academic class (high school) or one instructional unit (elementary/middle school). Students may enroll in up to the amount of classes to equal half-time status or less. Students wishing to participate in an academic class must be qualified to do so and shall have completed all prerequisite course work or the equivalent required of full-time public school students wishing to enroll in the course. In addition, the student must satisfy the same criteria for participation in activities including any try-out or selection process required of full-time students. The part-time enrollment and continued enrollment of a student who enrolls in school per this policy is dependent on, but not limited to, the following factors: space/program availability, the need for hiring additional staff, the cost of any needed additional services, and the disciplinary record of the student. If part-time enrollment causes total enrollment in a class or grade level to exceed the maximum allowed by state or local policy (e.g. resulting in the need to employ another teacher) admission will be denied. The master schedule of a school shall not be altered solely to accommodate such part-time students.

Students admitted under this policy must meet all admission requirements to a public school, including immunizations, required of full-time students.

Students may not enroll after the first week of a course unless extenuating circumstances exist. The circumstances will be evaluated by the building principal and the determination of the principal is final.

Once enrolled, the student shall comply with behavioral, disciplinary, attendance and other rules applicable to all students, including rules governing the use of the division's computer systems. If a student fails to comply, the school may withhold credit and/or terminate the student's participation in addition to taking any disciplinary action that would be taken against a full-time student for similar conduct.

III. Activities

Students enrolled part-time under this policy are not eligible for participation in Virginia High School League (VHSL) governed extracurricular activities.

IV. Transportation

The parents of the children for whom part-time admission is sought shall be responsible for the transportation of the child to and from school, including any expenses incident thereto.

V. Academic Credit

Students admitted under this policy are not considered as candidates for graduation from any Smyth County high school. Class ranking and grade-point-average shall not be computed for part-time private/home school students.

Students enrolled in a class that requires a Standards of Learning test are required to take the test.

Adopted: August 11, 2014

Legal References

• Code of Virginia, as amended, §§ 22.1-254.1; 22.1-253.13:2.C.
• 1973-74 Ops. Va. Att'y Gen. 305.

Legal References

• JECA: School Admission
• JHCB: Student Immunizations
• IGDA: Student Organizations
• IHB: Class Size
• IIBEA: Acceptable Computer System Use

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JEC-R: SCHOOL ADMISSION

No person is charged tuition for admission or enrollment in Smyth County Public Schools, whether on a full-time or part-time basis, who is eligible for admission under Policies JEC: School Admission or JECA: Admission of Homeless Children. School officials do not inquire into the student's citizenship or B, C or D visa status in determining eligibility for tuition-free enrollment in Smyth County Public Schools.

However, the school division may admit and charge tuition to a student who:

• Is a resident of the school division but not of school age;
• Is of school age and not a resident of Virginia but is temporarily living with a non-parent who resides within the school division;
• Is of school age and resides beyond the boundaries of Virginia but near thereto in a state or the District of Columbia which grants equal attendance privileges to residents of the Commonwealth;
• Is of school age and resides on a military or naval reservation located wholly or partly within the geographical boundaries of the school division, is not a domiciled resident of the Commonwealth of Virginia, and is a student for whom federal funds provided under Public Law 874 of 1950, commonly known as Impact Aid, fund less than 50 percent of the total per capita cost of education in Smyth County Public Schools exclusive of capital outlay and debt service; such students shall be eligible for interscholastic programs immediately upon enrollment, provided that such persons (i) satisfy all other requirements for eligibility and (ii) are dependents of a military service member required by the military to live on the military installation as evidenced by a statement on command letterhead signed by, or by direction of, the service member's commanding officer;
• Is of school age and attending a school in the division pursuant to a foreign student exchange program approved by the School Board;
• Is a resident of the Commonwealth but not of the school division, except as provided in Policy JEC School Admission;
• Is of school age and was enrolled in a public school within the division as a domiciled resident of the Commonwealth, and has been required as a result of military or federal orders issued to their parents to relocate and reside on federal property in another state or the District of Columbia, where such state or the District of Columbia is contiguous to the school division; or
• Is of school age and residing within the school division, and is enrolled in summer programs other than remediation required under Va. Code § 22.1-253:13.1, or is enrolled in local initiatives or programs not required by the Standards of Quality or the Standards of Accreditation.

Eligibility for consideration does not signify acceptance of the admission application of a student. Each application for admission will be considered on an individual basis. One condition for acceptance is that nonresident students will be admitted only if the placement of those students would not necessitate the hiring of additional teachers or other personnel in order to maintain appropriate student-teacher ratios and related policies. Another condition if accepted is that the Students and their parents agree that the students are subject to all policies, regulations, and guidelines of the school division, including the Standards of Student Conduct. The residency of persons in the above categories who reside in housing or temporary shelter, or on property located in multiple jurisdictions, shall be determined in the manner set forth in Policy JEC: School Admission.

Foreign students in an F-1 immigration status or who obtain F-1 student visas are not admitted in the division's elementary schools or publicly funded adult education programs. Such students may be admitted, for a period up to twelve months, in the division's secondary schools only if they pre-pay the full, unsubsidized per capita cost of the education.

Procedure for Admission

The following procedure is followed for application and review of applications for admission of students who are not eligible for tuition-free enrollment.

A parent or guardian of a student shall apply for admission on behalf of the student by completing the division application. The application form contains information and agreements including, but not limited to:

• the current legal residence of the child and the school division in which the child is currently enrolled, if any;
• the child's unique student identification number, if any;
• the basis for requesting admission;
• the specific building and grade level (elementary) or course offerings (secondary) in which the student desires to be enrolled if accepted by the division; and,
• the agreement that the student is subject to all policies and regulations of the school division, including Policy JFC Student Conduct and the Standards of Student Conduct.

Within 15 calendar days of receipt of the application, the superintendent or the superintendent's designee shall provide the applicant with written notification of the approval or denial of the application. If the student is to be admitted, the superintendent or superintendent's designee shall notify the division which the student previously attended, if any, and make necessary arrangements for the transfer of student records. The notification of admission shall state the period for which the student is accepted and the subsequent conditions which could cause the acceptance to be terminated.

If the application is denied, the superintendent or the superintendent's designee shall notify the parent or guardian of the right to have the decision reviewed by sending a written request to the superintendent or superintendent's designee within seven calendar days. Applications denied based upon the student's suspension, expulsion, or withdrawal of admission shall be reviewed in as provided in Policy JEC: School Admission. For all other denials of admission, the superintendent or superintendent's designee shall respond in writing to the request for review within 10 calendar days.

Tuition Rate

The tuition rate is set by the School Board as part of the budget process for each academic year. In accord with the wishes of the Smyth County School Board, the children of nonresident Smyth County employees may be admitted to Smyth County schools at an annual rate less than that approved for other non residents. Such admissions will be subject to all other conditions controlling tuition students.

Transportation

Transportation is not be furnished to nonresident students except in those cases where:

• agreements between divisions specify transportation services;
• federal or state legislation mandates the provision of transportation services; or
• transportation services can be provided at no cost to the division.

Legal References

• 8 CFR 214.2.
• Code of Virginia, 1950, as amended, §§ 22.1-3, 22.1-5 and 22.1-287.02.
• 1999 Va. Op. Atty. Gen. 105

Cross References

• JEC: School Admission
• JECA: Admission of Homeless Children
• JFC: Student Conduct
• JO: Student Records

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JED: STUDENT ABSENCES/EXCUSES/DISMISSALS

I. Student Attendance Policy

Student attendance is a cooperative effort and the School Board involves parents and students in accepting the responsibility for good attendance.

Each parent/guardian or person having control or charge of a child within the compulsory attendance age shall be responsible for such child's regular and punctual attendance at school as required under provisions of the law.

Parents of students who are absent must inform the school of the reason for the absence no later than upon the student's return to school. Absences are excused for the following reasons:

• For middle and high school students, one school day per school year to engage
  in a civic event
• Medical excuses
• Court appointment
• Death in the family
• Three (3) parent notes or phone calls on a block schedule or six (6) on a year-long schedule indicating that the child was sick, had a medical or court appointment, or death in the family.

The superintendent, by regulation, establishes procedures for appropriate interventions when a student engages in a pattern of absences for less than a full day, the explanation of which, if it were a full-day absence, would not be an excused absence.

The superintendent's regulations includes procedures for excusing students who are absent by reason of observance of a religious holiday. Such regulations ensure that a student is not deprived of any award or of eligibility or opportunity to compete for any award, or of the right to take an alternate test or examination, which the student missed by reason of such absence, if the absence is verified in an acceptable manner.

Students shall attend school for a full day unless excused by the principal or principal's designee.

Nothing in this policy shall be construed to limit in any way the authority of any attendance officer or the division superintendent to seek immediate compliance with the compulsory school attendance law.

II. Compulsory Attendance Procedures

Whenever a student fails to report to school on a regularly scheduled school day and no information has been received by school personnel that the student’s parent is aware of and supports the absence, or the parent provides a reason for the absence that is unacceptable to the school administration,  the school principal, principal’s designee, attendance officer or other school personnel or volunteer notifies the parent by phone, email or other electronic means to obtain an explanation. School staff records the student’s absence for each day as “excused” or “unexcused”.

A. Upon Fifth Absence Without Parental Awareness and Support

If (1) a student fails to report to school for a total of five scheduled school days for the school year, and (2) there is no indication that the student's parent is aware of and supports the absence; and (3)a reasonable effort to notify the parent has failed, then the Principal or designee meets with the student and makes a reasonable effort to ensure that direct contact is made with the parent, either in person, through a letter, or through telephone conversation, to obtain an explanation for the pupil's absence and to explain to the parent the consequences of continued nonattendance. The school principal, principal’s designee or the attendance officer, the pupil, and the pupil’s parent shall jointly develop a plan to resolve the pupil’s nonattendance. Such a plan shall include documentation of the reasons for the pupil’s nonattendance.

B. Upon Sixth Absence Without Parental Awareness and Support

If the pupil is absent an additional day after direct contact with the pupil's parent and the attendance officer has received no indication that the pupil's parent is aware of and supports the pupil's absence, the school principal, principal's designee, or the attendance officer shall schedule a conference within ten school days, which must take place no later than the fifteenth school day after the sixth absence. At the conference, the pupil, his parent, and school personnel, shall meet to resolve issues related to the pupil's nonattendance. Other community service providers may also be included in the conference.

C. Upon Additional Absence Without Parental Awareness and Support

Upon the additional absences after the conference without indication to the attendance officer that the pupil's parent is aware of and supports the pupil's absence, the principal or principal's designee shall notify the attendance officer or superintendent or superintendent's designee. The parent/guardian and the student will be required to meet with the Smyth County Interdisciplinary Team for recommendations to avoid future absences and court involvement.  This conference will be held no later than 10 days after the 10th absence of the pupil, regardless of whether the student’s parent approves of the conference. Failure to meet with this team will result in the matter being referred to the 28th District Court Service Unit for court intervention. The Interdisciplinary Team is a requirement of the Code of Virginia and is made up of members from community agencies that work with youth.

If the pupil is absent an additional day after meeting with the Interdisciplinary Team without indication to the attendance officer that the pupil's parent is aware of and supports the pupil's absence, the Principal or designee, Superintendent or his designee who shall enforce the compulsory attendance rules by either or both of the following: (i) filing a complaint with the juvenile and domestic relations court alleging the pupil is a child in need of supervision as defined in § 16.1-228 or (ii) instituting proceedings against the parent pursuant to § 18.2-371 or § 22.1-262. In filing a complaint against the student, the attendance officer shall provide written documentation of the efforts already undertaken to resolve the pupil's absence. If the student's parents have joint physical custody of the student and the school has notice of the custody arrangement, then both parents shall be notified at their last known addresses.

D. Parental Cooperation in Remedying Excessive Unexcused Absences

It is expected that parents will cooperate with the attendance officer and other school officials to remedy the student's attendance problem. Where direct contact with a parent cannot be made, despite reasonable efforts, or where parents otherwise fail to cooperate in remedying the student's attendance problem, the superintendent or the superintendent's designee may seek immediate compliance with the compulsory school attendance laws. The attendance officer, with the knowledge and approval of the Superintendent, shall institute proceedings against any parent who fails to comply with the requirements of the compulsory attendance laws. Where the complaint arises out of the parent's failure to comply with the requirements of § 22.1-258, the attendance officer shall document the school division's compliance with this Code section.

III. Report for Suspension of Driver's License

In addition to any other actions taken pursuant to this policy, if a student who is under 18 years of age has 10 or more unexcused absences from school on consecutive school days, the principal may notify the juvenile and domestic relations court, which may take action to suspend the student’s driver’s license.

IV. Attendance Reporting

Student attendance is monitored and reported as required by state law and regulations. At the end of each school year, each public school principal reports to the Superintendent or designee the number of pupils by grade level for whom a conference was scheduled pursuant to Part II (B) above. The Superintendent compiles this information and provides it annually to the Superintendent of Public Instruction.

IV. Dismissal Precautions

Principals do not release a student during the school day to any person not authorized by the student's parent/guardian to assume responsibility for the pupil. Students are released only on request and authorization of parent or guardian. The superintendent establishes procedures for release of pupils who are not residing with or under the supervision of a parent/guardian. The burden of proof on the authority of the person to receive the student is on the requesting party. A formal check-out system is maintained in each school.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1 254, 22.1-258, 22.1-260, 22.1-279.3, 46.2-323 and 46.2-334.001.
• 8 VAC 20-730-10

Cross References

• IGAJ: Driver Education
• JFC: Student Conduct
• JFC-R: Standards of Student Conduct

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JEG: EXCLUSIONS AND EXEMPTIONS FROM SCHOOL ATTENDANCE

The School Board shall excuse from attendance at school:

1. Any student who, together with the student's parents, by reason of bona fide religious training or belief is conscientiously opposed to attendance at school.
2. On the recommendation of the juvenile and domestic relations court for county in which the student resides, and for such period of time as the court determines appropriate, any student who, together with the student's parents, is opposed to attendance at a school by reason of concern for the student's health as verified by competent medical evidence, or by reason of such pupil's reasonable apprehension for personal safety when such concern or apprehension in that pupil's specific case is determined by the court, upon consideration of the recommendation of the principal and division superintendent, to be justified.

The School Board may excuse from attendance at school:

1. On recommendation of the principal and the division superintendent and with the written consent of the parent or guardian, any student who the school board determines, in accordance with regulations of the Board of Education, cannot benefit from education at school; or
2. On recommendation of the juvenile and domestic relations district court for the county in which the student resides, any student who, in the judgment of the court, cannot benefit from education at school.

Any request for exemption from attendance shall be presented annually in writing to the superintendent or superintendent’s designee.

The compulsory education requirements do not apply to:

• Children suffering from contagious or infectious diseases;
• Children whose immunizations against communicable diseases have not been completed;
• Children under 10 years of age who live more than two miles from a public school unless public transportation is provided within one mile of the place where such children live; and
• Children between the ages of 10 and 17, inclusive, who live more than 2.5 miles from a public school unless public transportation is provided within 1.5 miles of the place where such children live.

In addition, any child who will not have reached the child's sixth birthday on or before September 30 of each school year whose parent or guardian notifies the school board that the parent does not wish the child to attend school until the following year because the child, in the opinion of the parent or guardian, is not mentally, physically, or emotionally prepared to attend school, may delay the child's attendance for one year.

Legal References

• Code of Virginia, 1950, as amended, § 22.1-254.

Cross References

• JEA: Compulsory Attendance
• JHCB: Immunization of Students
• JHCC: Communicable Diseases
• LBD: Home Instruction

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JFB: STUDENT INVOLVEMENT IN DECISION MAKING

The School Board recognizes the student body as a significant part of the community and in the decision making process.

Student input is important in the data collection process, and on relevant issues students' views are sought and considered by the superintendent and the School Board.

Legal References

• Code of Virginia, 1950, as amended, § 22.1-78.

Cross References

• AE: School Division Goals and Objectives

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JFC: STUDENT CONDUCT

The Smyth County School Board establishes expectations for student conduct so that public education is conducted in an atmosphere free of disruption and threat to persons or property and supportive of individual rights. In addition to the types of conduct prohibited below, the superintendent issues Standards of Student Conduct and a list of possible actions for violations of those Standards.

• On school property.
• Traveling to school or from school.
• Traveling to, at, and from bus stops.
• In School Board vehicles.
• In attendance at any school-sponsored activity.
• Off school property if the conduct disrupts the learning environment.

Parental Involvement and Responsibility

Each parent of a student enrolled in a public school has a duty to assist the school in enforcing this policy, the standards of student conduct and compulsory school attendance in order that education may be conducted in an atmosphere free of disruption and threat to persons or property, and supportive of individual rights. This policy, the Standards of Student Conduct, a notice of the requirements of Va. Code § 22.1-279.3, and a copy of the compulsory school attendance law is also sent to all parents within one calendar month of the opening of schools simultaneously with any other materials customarily distributed at that time. A statement for the parent's signature acknowledging the receipt of this policy, the Standards of Student Conduct, the requirements of Va. Code § 22.1-279.3, and the compulsory school attendance law is also sent. Parents are notified that by signing the statement of receipt, they are not deemed to waive, but expressly reserve, their rights protected by the constitution or laws of the United States or Virginia. Each school maintains records of the signed statements.

The school principal may request the student's parent or parents, if both have legal and physical custody, to meet with the principal or principal's designee to review this policy, the School Board's Standards of Student Conduct and the parent's or parents’ responsibility to participate with the school in disciplining the student and maintaining order, to ensure the student’s compliance with compulsory school attendance law, and to discuss improvement of the child's behavior, school attendance, and educational progress. 

The school principal or principal’s designee notifies the parents of any student who violates a School Board policy, the Standards of Student Conduct, or the compulsory school attendance requirements when such violation is likely to result in the student's suspension or the filing of a court petition, whether or not the school administration has imposed such disciplinary action or filed such a petition. The notice states (1) the date and particulars of the violation; (2) the obligation of the parent to take actions to assist the school in improving the student's behavior and ensuring compliance with compulsory school attendance; (3) that, if the student is suspended, the parent may be required to accompany the student to meet with school officials; and (4) that a petition with the juvenile and domestic relations district court may be filed under certain circumstances to declare the student a child in need of supervision.

The principal or principal's designee notifies the parent of any student involved in an incident required to be reported to the superintendent and Virginia Board of Education as described in Policy CLA Reporting Acts of Violence and Substance Abuse.

If a parent fails to comply with the requirements of this policy, the School Board may ask the Juvenile and Domestic Relations Court to proceed against the parent in accordance with the requirements of the Code of Virginia.

A parent, guardian or other person having control or charge of a student is notified in writing of any disciplinary action taken with regard to any incident upon which an adjudication of delinquency or conviction for an offense listed in Va. Code § 16.1-260.G was based and the reasons therefor. The parent or guardian is also notified of the parent or guardian’s right to review, and to request an amendment of, the student's scholastic record, in accordance with regulations of the Board of Education governing the management of scholastic records.

Prevention, Intervention, and Treatment Activities and Programs

Any student involved in a reportable drug or violent incident, as described in Policy CLA Reporting Acts of Violence and Substance Abuse, participates in prevention and intervention activities deemed appropriate by the superintendent or superintendent’s designee. Further, any student who has been found to be in possession of or under the influence of drugs or alcohol on school property or at a school sponsored activity may be required to (1) undergo evaluation for drug or alcohol abuse and (2) participate in a drug and/or alcohol treatment program if recommended by the evaluator and if the parent consents.

Prohibited Conduct

The following conduct is prohibited. Students engaging in such conduct are subject to disciplinary action.

Bullying and Use of Electronic Means for Bullying

Bullying is prohibited. "Bullying" means any aggressive and unwanted behavior that is intended to harm, intimidate, or humiliate the victim; involves a real or perceived power imbalance between the aggressor or aggressors and victim; and is repeated over time or causes severe emotional trauma. "Bullying" includes cyber bullying. "Bullying" does not include ordinary teasing, horseplay, argument or peer conflict.

The principal or principal’s designee notifies the parent of any student involved in an alleged incident of bullying within 24 hours of learning of the allegation of bullying.

Gang Activity

Gang activity, as defined in Policy JFCE Gang Activity or Association, is prohibited.

Harassment
As provided in Policy JFHA/GBA Prohibition Against Harassment and Retaliation, students are prohibited from harassing other students, school staff, volunteers, student teachers or any other person present in school facilities or at school functions.

Hazing

Hazing is prohibited. Hazing means to recklessly or intentionally endanger the health or safety of a student or students or to inflict bodily harm on a student or students in connection with or for the purpose of initiation, admission into or affiliation with or as a condition for continued membership in a club, organization, association, fraternity, sorority, or student body regardless of whether the student or students so endangered or injured participated voluntarily in the relevant activity.

Intentional Injury of Others

Students are prohibited from intentionally injuring others.

Self-defense

Whether a student acted in self-defense is considered when the student’s conduct is evaluated for disciplinary action.

Threats: Intimidation

Students are prohibited from making any verbal, written or physical threat of bodily injury to another person.

Trespassing

Students, including students who have been suspended or expelled, are subject to disciplinary action for trespassing on school property

Use and/or Possession of Alcohol, Tobacco Products, Nicotine Vapor Products, Anabolic Steroids, and Other Drugs

Students are prohibited from possessing, using, or distributing any of the restricted substances listed below on school property, on school buses or during school activities, on or off school property.

Students are prohibited from attempting to possess, use, consume, procure and/or purchase, any of the restricted substances listed below or what is represented by or to the student to be any of the restricted substances listed below or what the student believes is any of the restricted substances listed below.

Students are prohibited from being under the influence of any of the restricted substances listed below, regardless of whether the student’s condition amounts to legal intoxication.

Restricted substances include but are not limited to alcohol, tobacco products as defined in Policy JFCH Tobacco Products and Nicotine Vapor Products, nicotine vapor products as defined in Policy JFCH Tobacco Products and Nicotine Vapor Products, inhalant products, and other controlled substances defined in the Drug Control Act, Chapter 15.1 of Title 54 of the Code of Virginia, such as anabolic steroids, stimulants, depressants, hallucinogens, marijuana, imitation and look-alike drugs, drug paraphernalia and any prescription or non-prescription drug possessed in violation of School Board policy.

Use of Profane or Obscene Language and Conduct

Students are prohibited from using profane or obscene language or engaging in profane or obscene conduct.

Vandalism

Students are prohibited from vandalizing school property and the property of any School Board staff member or any other person. The School Board may recover damages sustained because of the willful or malicious destruction of, or damage to, public property pursuant to Policy ECAB Vandalism.

Legal References

• Code of Virginia, 1950, as amended, §§16.1-260, 18.2-56, 18.2 308.1, 18.2-308.7, 22.1-23.3, 22.1 78, 22.1-200.1, 22.1-253.13:7; 22.1-254, 22.1-276.3, 22.1 277, 22.1-277.08, 22.1-277.2, 22.1-279.1, 22.1-279.3, 22.1-279.3:1, 22.1-279.6, 22.1-288.2.
• Model Guidance for Positive and Prevention Code of Student Conduct Policy and Alternatives to Suspension, Virginia Board of Education June 2021.

Cross References

• CLA: Reporting Acts of Violence and Substance Abuse
• EBB: Threat Assessment Teams
• ECAB: Vandalism
• IIBEA/GAB: Acceptable Computer System Use
• JFCE: Gang Activity or Association
• JFCF: Drugs in School
• JFG: Search and Seizure
• JFHA/GBA: Prohibition Against Harassment and Retaliation
• JGA: Corporal Punishment
• JGD/JGE: Student Suspension/Expulsion
• JGDA: Disciplining Students with Disabilities
• JGDB: Discipline of Students with Disabilities for Infliction of Serious Bodily Injury
• JN: Student Fees, Fines and Charges

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JFC-R: STANDARDS OF STUDENT CONDUCT

The following are standards of student conduct established by the School Board for all students. The consequences of any act are determined on the basis of the facts presented in each situation in the reasonable discretion of the Board, its designated committees and other appropriate school officials.

1. Assault and Battery

A student shall not assault or commit battery upon another person on school property, on school buses or during school activities on or off school property. An assault is a threat of bodily injury. A battery is any bodily hurt, however slight, done to another in an angry, rude or vengeful manner.

2. Attendance; Truancy

Students shall attend school on a regular and punctual basis unless otherwise excused in accordance with School Board policy or regulation. (See Policy JED: Student Absences/Excuses/Dismissals.) If a student who is under 18 years of age has 10 or more unexcused absences from school on consecutive school days, the principal may notify the juvenile and domestic relations court, which may take action to suspend the student’s driver’s license.

3. Bomb Threats

Students shall not engage in any illegal conduct involving firebombs, explosive or incendiary materials or devices or hoax explosive devices or chemical bombs as defined in the Code of Virginia. Moreover, students shall not make any threats or false threats to bomb school personnel or school property.

4. Bullying

A student, either individually or as a part of a group, shall not bully others either in person or by the use of any communication technology including computer systems, telephones, pagers, or instant messaging systems. Prohibited conduct includes, but is not limited to, physical, verbal, or written intimidation, taunting, name-calling, and insults and any combination of prohibited activities. "Bullying" means any aggressive and unwanted behavior that is intended to harm, intimidate, or humiliate the victim; involves a real or perceived power imbalance between the aggressor or aggressors and victim; and is repeated over time or causes severe emotional trauma. "Bullying" includes cyber-bullying. "Bullying" does not include ordinary teasing, horseplay, argument or peer conflict.

5. Bus-Related Offenses

Students shall not behave in a disruptive manner or otherwise violate these Standards of Conduct while waiting for a school bus, while on a school bus or after being discharged from a school bus.

6. Cheating

Students are expected to perform honestly on schoolwork and tests. The following actions are prohibited:

• cheating on a test or assigned work by giving, receiving, offering and/or soliciting information
• plagiarizing by copying the language, structure, idea and/or thoughts of another
• falsifying statements on any assigned schoolwork, tests or other school documents

7. Communication Devices

Students may possess a beeper, cellular telephone, smart phone, tablet, or other communications device on school property, including school buses, provided that the device must remain off and out of sight during instructional time unless it is being used for instructional purposes at the direction of the student’s teacher.

At no time may any device be used to access an inappropriate website using an unfiltered connection to the Internet. (See Policy JZD and JZD-F Electronic Communication Device Policy and Smyth County Schools Acceptable Use Policy.)

The division is not liable for devices brought to school or school activities.

If a student possesses or uses such a device other than as permitted in this policy, in addition to other disciplinary sanctions which may be imposed, the device may be confiscated from the student and returned only to the student’s parent.

8. Defiance of the Authority of School Personnel

Students shall comply with any oral or written instructions made by school personnel within the scope of their authority as provided by Board policies and regulations.

9. Disruptive Conduct

Students are entitled to a learning environment free of unnecessary disruption. Any physical or verbal disturbance which interrupts or interferes with teaching and orderly conduct of school activities, is prohibited.

10. Electronic Cigarettes

Students shall not possess electronic cigarettes on school premises, on school buses or at school sponsored activities.

11. Extortion

No student may obtain or attempt to obtain anything of value from another by using a threat of any kind.

12. Felony Charges

Students charged with any offense, wherever committed, that would be a felony if committed by an adult may be disciplined and/or required to participate in prevention/ intervention activities.

13. Fighting

Exchanging mutual physical contact between two or more persons by pushing, shoving or hitting with or without injury is prohibited.

14. Gambling

A student shall not bet money or other things of value, or knowingly play or participate in any game involving such a bet, on school property, on school buses or during any school related activity.

15. Gang Activity

Gang-related activity is not tolerated. Symbols of gang membership are expressly prohibited (i.e., clothing that symbolizes association, rituals associated with, or activities by an identified group of students). (See policy JFCE Gang Activity or Association.)

16. Harassment

A student shall not harass another student or any school employee, volunteer, student teacher or any other person present in school facilities or at school functions.

17. Hazing

Students shall not engage in hazing.

Hazing means to recklessly or intentionally endanger the health or safety of a student or students or to inflict bodily harm on a student or students in connection with or for the purpose of initiation, admission into or affiliation with or as a condition for continued membership in a club, organization, association, fraternity, sorority, or student body regardless of whether the student or students so endangered or injured participated voluntarily in the relevant activity.

The principal of any school at which hazing causes bodily injury shall report the hazing to the local Commonwealth Attorney and the superintendent or superintendent’s designee.

18. Internet Use

Students shall abide by the Smyth County Public School’s Acceptable Computer Use Policy and Regulation. (See policy IIBEA Acceptable Computer System Use.)

19. Laser Pointers

Students shall not have in their possession laser pointers.

20. Other Conduct

In addition to these specific standards, students shall not engage in any conduct which materially and substantially disrupts the ongoing educational process or which is otherwise a violation of federal, state or local law.

21. Possession or Use of Weapons or Other Dangerous Articles

Students shall not have in their possession any type of unauthorized firearm or other article which may be used as a weapon, regardless of whether it is commonly accepted as such. (See policy JFCD Weapons in School.)

22. Profane, Obscene or Abusive Language or Conduct

Students shall not use vulgar, profane or obscene language or gestures or engage in conduct that is vulgar, profane, obscene or disrupts the teaching and learning environment.

23. Reports of Conviction or Adjudication of Delinquency

Any student for whom the superintendent has received a report pursuant to Va. Code § 16.1-305.1 of an adjudication of delinquency or a conviction for an offense listed in subsection G of Va. Code § 16.1-260 may be suspended or expelled.

24. Stalking

Students shall not engage in a pattern of behavior that places another person in fear of serious harm.

25. Student Dress

Students are expected to dress appropriately for a K-12 educational environment. Any clothing that interferes with or disrupts the educational environment is unacceptable. Clothing with language or images that are vulgar, discriminatory, or obscene, or clothing that promotes illegal or violent conduct, such as the unlawful use of weapons, drugs, alcohol, tobacco, or drug paraphernalia or clothing that contains threats such as gang symbols is prohibited.

Clothing should fit, be neat and clean, and conform to standards of safety, good taste and decency. Clothing that exposes cleavage, private parts, the midriff, or undergarments, or that is otherwise sexually provocative, is prohibited. Examples of prohibited clothing include, but are not limited to: sagging or low-cut pants, low-cut necklines that show cleavage, tube tops, halter tops, backless blouses or blouses with only ties in the back, clothing constructed of see-through materials and head coverings unless required for religious or medical purposes.

Additionally, disciplinary action will be taken against any student taking part in gang-related activities that are disruptive to the school environment, which include the display of any apparel, jewelry, accessory, tattoo, or manner of grooming that, by virtue of its color, arrangement, trademark, or any other attribute, denotes membership in a gang that advocates illegal or disruptive behavior.

Parents of students requiring accommodation for religious beliefs, disabilities, or other good causes should contact the principal. Students not complying with this policy will be asked to cover the noncomplying clothing, change clothes or go home. (See policy JZ Dress Code.)

26. Theft

A student shall not intentionally take or attempt to take the personal property of another person by force, fear or other means.

27. Threats or Intimidation

Students shall not make any verbal, written, or physical threat of bodily injury or use of force directed toward another person. Students shall not use electronic technology or communication devices, such as the internet or cell phones, to intimidate or threaten for any reason.

28. Trespassing

Students shall not trespass on school property or use school facilities without proper authority or permission, or during a period of suspension or expulsion.

29. Use and/or Possession of Alcohol, Tobacco, Anabolic Steroids, and Other Drugs

A student shall not possess, use, or distribute any of the restricted substances listed below on school property, on school buses or during school activities, on or off school property.

A student shall not attempt to possess, use, consume, procure and/or purchase, any of the restricted substances listed below or what is represented by or to the student to be any of the restricted substances listed below or what the student believes is any of the restricted substances listed below.

A student shall not be under the influence of any of the restricted substances listed below, regardless of whether the student’s condition amounts to legal intoxication or was consumed on or off school property.

Restricted substances include but are not limited to alcohol, tobacco and inhalant products, and other controlled substances defined in the Drug Control Act, Chapter 15.1 of Title 54 of the Code of Virginia, such as anabolic steroids, stimulants, depressants, hallucinogens, marijuana, imitation and look-alike drugs, drug paraphernalia and any prescription or non-prescription drug possessed in violation of School Board policy.

The School Board may require any student who has been found in possession of, or under the influence of, drugs or alcohol in violation of School Board policy to undergo evaluation for drug or alcohol abuse, or both, and, if recommended by the evaluator and with the consent of the student's parent, to participate in a treatment program.

In addition to any other consequences which may result, a student who is a member of a school athletic team will be ineligible for two school years to compete in interscholastic athletic competition if the school principal and the division superintendent determine that the student used anabolic steroids during the training period immediately preceding or during the sport season of the athletic team, unless such steroid was prescribed by a licensed physician for a medical condition.

30. Vandalism

Students shall not willfully or maliciously damage or deface any school building or other property owned or under the control of the School Board. In addition, students shall not willfully or maliciously damage or deface property belonging to or under the control of any other person at school, on a school bus or at school-sponsored events.

CORRECTIVE ACTIONS

The following corrective actions are among those available to the school administration for violation of the Student Code of Conduct. The facts and circumstances of each offense are considered fully in determining reasonable corrective actions.

1. Counseling
2. Admonition
3. Reprimand
4. Loss of privileges, including access to the School Division’s computer system
5. Parental conferences
6. Modification of student classroom assignment or schedule
7. Student behavior contract
8. Referral to student assistance services
9. Removal from class
10. Initiation of child study process
11. Referral to in-school intervention, mediation, or community service programs
12. Tasks or restrictions assigned by the principal or his designee
13. Detention after school or before school
14. Suspension from school-sponsored activities or events prior to, during, or after the regular school day
15. In-school suspension
16. Out-of-school suspension
17. Referral to an alternative education program
18. Notification of legal authority where appropriate
19. Recommendation for expulsion including recommendation for expulsion for possessing a firearm, destructive device, firearm muffler, firearm silencer or pneumatic gun on school property or at a school-sponsored event and recommendation for expulsion for having brought a controlled substance, imitation controlled substance, or marijuana or synthetic cannabinoids, onto school property or to a school-sponsored activity
20. Evaluation for alcohol or drug abuse
21. Participation in a drug, alcohol or violence intervention, prevention or treatment program

Adopted: November 10, 2014
Revised: April 13, 2015

Legal References

• Code of Virginia, 1950, as amended, §§ 18.2-56, 18.2-83, 18.2-85, 18.2-87.1, 18.2-119, 18.2-308, 18.2-308.1, 18.2-308.7, 18.2-371.2, 18.2-433.1, 22.1-70.2, 22.1-78, 22.1-202, 22.1-253.13:7.C.3, 22.1-276.3, 22.1-277, 22.1-277.07:1, 22.1-277.08, 22.1-277.2, 22.1-279.1, 22.1-279.6, 46.2-323, 46.2-334.001.
• Student Code of Conduct Policy Guidelines (Virginia Board of Education October 2013).
• Information Brief: Cyberbullying and School Policy (Virginia Department of Education August 2008).

Cross References

• CLA: Reporting Acts of Violence and Substance Abuse
• ECAB: Vandalism
• GAB/IIBEA: Acceptable Computer System Use
• GAB-R/IIBEA-R: Acceptable Computer System Use Regulation
• GBECA: Electronic Cigarettes
• IEA: Pledge of Allegiance
• IGAJ: Driver Education
• JED: Student Absences/Excuses/Dismissals
• JFC: Student Conduct
• JFCD: Weapons in School
• JFCE: Gang Activity or Association
• JFCF: Drugs in School
• JFHA/GBA: Prohibition Against Harassment and Retaliation
• JGA: Corporal Punishment
• JGD/JGE: Student Suspension/Expulsion
• JGDA: Disciplining Students with Disabilities
• JGDB: Discipline of Students with Disabilities for Infliction of Serious Bodily Injury
• JHCD: Administering Medicines to Students
• JN: Student Fees, Fines and Charges

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JFCA: TEACHER REMOVAL OF STUDENTS FROM CLASS

Teachers have the initial authority to remove students from class for disruptive behavior. "Disruptive behavior" means a violation of School Board regulations governing student conduct that interrupts or obstructs the learning environment.

Criteria for Removal

In order for a teacher to remove a student from class for disruptive behavior

• removal of the student from the class must be necessary to restore a learning environment free from interruptions and obstructions caused by the student's behavior;
• interventions by the teacher and/or administrators have been attempted and failed to end the student's disruptive behavior, and
• notice of the student's disruptive behavior and the opportunity to meet with the teacher and/or school administrators must have been provided to the student's parents as described below.

When all of the above criteria have been satisfied, a teacher may remove a student from class.

Requirements for Incident Reports

Teachers should write incident reports regarding all incidents of disruptive behavior. The reports will be filed with the school administration and provided to the student's parents within 24 hours of the incident. The parents must be given the opportunity to meet with the teacher and/or school administrator to discuss the student's behavior and the possible consequences if the behavior continues. The teacher will document, in writing, his or her attempts to request and encourage the parents to meet with him or her or school administrators.

A student may not be removed from class for disruptive behavior unless two written incident reports have been filed with school administrators and provided to the student's parents concerning two prior incidents of disruptive behavior. Upon removal, the teacher shall file a "Student Removal Form" with school administrators. The teacher will include any other documentation supporting the removal including, but not limited to, the previous two incident reports.

Procedures for Written Notification of Student and Parents

The teacher shall provide copies of any incident report and Student Removal Form to the student and the student’s parents and notify them of the opportunity to meet with the teacher and/or school administrators to discuss the behavior and the possible consequences if the behavior continues. Such notice shall be provided within twenty-four hours of each incident. The teacher shall document, in writing, his or her attempts to request and encourage the parents to meet with school administrators and/or the teacher. Such notice and documentation shall be required for each incident report and student removal.

Guidelines for Alternative Assignment and Instruction of Removed Students

The principal shall determine the appropriate placement of any student removed from class by a teacher. The principal may:

• request that the student be assigned to an alternative program;
• assign the student to another class;
• send the student to the principal's office, MIP, or another supervised classroom. If the principal chooses this option, the teacher shall provide and evaluate appropriate make-up work for the student.
• suspend the student or recommend the student for expulsion. If the principal chooses this option, alternative instruction and assignment, if any, shall be provided according to School Board policy and in the case of students with disabilities, in accordance with federal law.
• return the student to class in accordance with the procedures below.

Procedure for the Student's Return to Class

The principal shall determine, after consultation with the teacher, the duration of the student's removal from class. The principal shall notify the teacher of the decision to return the student to class. If the teacher disagrees with the principal's decision to return a student to the class:

• the teacher and principal shall discuss the teacher's objection to returning the student to class and the principal's reason for returning the student.
• the teacher, after meeting with the principal, may appeal the principal's decision to the superintendent or designee within one school day. The incident reports and removal form must accompany the appeal. After discussion with the principal and teacher or receiving their written comments, the decision of the superintendent or designee shall be final. The decision shall be made within forty-eight hours of the teacher's appeal. During the appeal process, the student shall not be returned to class and the principal will determine an appropriate placement for the student.

Once the decision has been made to return the student to class, the teacher and principal shall develop a plan to address future disruptive behavior.

Other Provisions

The principal shall ensure that students removed from class under this policy continue to receive an education in accordance with School Board policies.

Application of this policy to students with disabilities shall be consistent with federal and state law and regulations as well as School Board policy regarding students with disabilities.

Teacher deficiencies in classroom management shall be addressed in teacher evaluations pursuant to Policy GCN Evaluation of Professional Staff.

This policy does not limit or restrict the ability of School Board employees to apply other policies, regulations or laws for maintaining order in the classroom.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-276.01, 22.1-276.2

Cross References

• GCN: Evaluation of Professional Staff
• JFC: Student Conduct
• JGDA: Disciplining Students with Disabilities
• JGDB: Discipline of Students with Disabilities for Infliction of Serious Bodily Injury
• JGD/JGE: Student Suspension/Expulsion

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JFCB: SPORTSMANSHIP, ETHICS, AND INTEGRITY

The School Board recognizes the value of extracurricular activities in the educational process and the values that students develop when they have the opportunity to participate in an organized activity outside of the traditional classroom.

Participants and responsible adults involved in School Board approved extracurricular activities are expected to demonstrate the same level of responsibility and behavior at practice and competitions as is expected in the classroom. The School Board further encourages the development and promotion of sportsmanship, ethics and integrity in all phases of the educational process and in all segments of the community, including administrators, participants, adult supervisors, parents, fans, spirit groups and support/booster groups.

Adopted: November 10, 2008

Legal References

• Code of Virginia, 1950 as amended, §§ 22.1-78, 22.1-208.

Cross References

• JFC: Student Conduct
• JFCC: Student Conduct on School Buses
• KQ: Commercial, Promotional, and Corporate Sponsorships and Partnerships

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JFCC: STUDENT CONDUCT ON SCHOOL BUSES

Students are required to conduct themselves on school buses in a manner consistent with established standards for classroom behavior.

The school principal may suspend or revoke the riding privileges of students and/or take other disciplinary actions for students who are disciplinary problems on the bus. Parents (or guardians) of children whose behavior and misconduct on school buses violates the Student Code of Conduct or otherwise endangers the health, safety and welfare of other riders shall be notified that their child/children face the loss of school bus riding privileges and/or other disciplinary actions.

If a student's riding privileges are suspended or revoked, the student's parents are responsible for seeing that the student gets to and from school safely.

The bus driver is responsible for maintaining the orderly behavior of students on school buses and shall report misconduct to the student's principal and provide a copy of the report to the transportation office.

Legal References

• Code of Virginia, 1950 as amended, §§ 22.1-78, 22.1-176, 22.1-293.

Cross References

• CLA: Reporting Acts of Violence and Substance Abuse
• EEA: Student Transportation Services
• JFC: Student Conduct
• JFCD: Weapons in School
• JGD/JGE: Student Suspension/Expulsion
• JGDA: Disciplining Students with Disabilities
• GBEC/JFCH/KGC: Tobacco Products and Nicotine Vapor Products

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JFCD: WEAPONS IN SCHOOL

I. Generally

Carrying, bringing, using or possessing any firearm, dangerous device, or dangerous or deadly weapon in any school building, on school grounds, in any school vehicle or at any school-sponsored activity without the authorization of the school principal or the superintendent or superintendent’s designee is prohibited, and grounds for disciplinary action.

The School Board or division superintendent may determine, based on the facts of the particular case, that special circumstances exist and other disciplinary action or term of expulsion is appropriate.

Prohibited Weapons include, but are not limited to:

• any pistol, shotgun, stun or other self-defense weapon, revolver, or other firearm listed in Va. Code § 22.1-277.07, designed or intended to propel a projectile of any kind, including a rifle,
• unloaded firearms in closed containers,
• any air rifle or BB gun,
• toy guns and look-alike guns,
• any dirk, bowie knife, switchblade knife, ballistic knife, machete, knife or razor,
• slingshots,
• spring sticks,
• brass or metal knuckles, blackjacks,
• any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain,
• any disc, of whatever configuration, having at least two points or pointed blades, and which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart,
• explosives and
• destructive devices as defined in Va. Code § 22.1-277.07, and
• other dangerous articles.

II. Expulsion for Possession of Firearms

A student who has possessed a firearm on school property or at a schoolsponsored activity as prohibited by Va. Code § 18.2-308.1 or who has possessed a firearm or destructive device as defined in Va. Code § 22.1-277.07, or a firearm muffler or firearm silencer, or a pneumatic gun as defined in Va. Code § 15.2-915.4 on school property or at a school-sponsored activity may be expelled for at least one year in accordance with Policy JGD/JGE Student Suspension/Expulsion. The School Board may determine, based on the facts of a particular situation, that special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate. The School Board may promulgate guidelines for determining what constitutes special circumstances. The School Board authorizes¹ the superintendent or the superintendent’s designee to conduct a preliminary review of such cases to determine whether a disciplinary action other than expulsion is appropriate. If it is determined by the superintendent or superintendent’s designee that a disciplinary action other than expulsion is appropriate, such disciplinary action is taken in accordance with Article 3 of Chapter 14 of Title 22.1 of the Code of Virginia.

III. Students with Disabilities

1. Students with disabilities are subject to this policy and may be disciplined to the same extent as a nondisabled student provided the manifestation review committee determines that the violation was not a manifestation of the student's disability. The provisions of Policy JGDA: Disciplining Students with Disabilities will be followed in addition to the regular disciplinary procedures.
2. Additional authority to remove a student with a disability from school for a weapons violation.
   1. In addition to the authority granted in subsection A above, a student with a disability may also be removed without parent consent and assigned to an interim alternative education program by school personnel for not more than forty-five (45) school days when the student carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of a state or local educational agency. This option is available regardless of whether a manifestation exists. The removal should not be in excess of any removal imposed on a student without a disability for the same offense.
   2. For purposes of this forty-five (45) school day removal, the weapon must meet the following definition:

      "A weapon, device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 ½ inches in length."

Legal References

• 18 U.S.C. § 930.
• 20 U.S.C. § 1415.
• Code of Virginia, §§ 15.2-915.4, 18.2-308, 18.2-308.1, 18.2-308.7, 22.1-277.07, 277.07:1.
• 8 VAC 20-81-10.

Cross References

• GBEB: Staff Weapons in School
• JGD/JGE: Student Suspension/Expulsion
• JFC: Student Conduct
• JGDA: Disciplining Students with Disabilities
• JGDB: Discipline of Students with Disabilities for Infliction of Serious Bodily Injury

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JFCE: GANG ACTIVITY OR ASSOCIATION

The School Board acknowledges the possible existence of gangs in the community and the threat they pose to the educational environment. Therefore, students shall not engage in gang activity on school grounds, on school buses or on any school-sponsored activity. A gang is defined as any group of two or more persons whose purpose includes:

• commission of illegal acts
• participation in activities that threaten the safety of persons or property
• disruption of the school activities
• creation of an atmosphere of fear and intimidation.

Students shall be subject to disciplinary action in accordance with Policy JFC Student Conduct and Regulation JFC Standards of Student Conduct for participating in gang activity. Gang activity is defined as:

• wearing, using, distributing, displaying, or selling any clothing, jewelry, emblem, badge, symbol, sign, or other thing that is evidence of membership or affiliation in any gang;
• committing any act, or using any speech, either verbal or non-verbal (such as gestures or hand-shakes) showing membership or affiliation in a gang;
• using any speech or committing any act in furtherance of the interests of any gang, including:
  1. soliciting, hazing and initiating others for membership in any gang,
  2. requesting any person to pay protection or otherwise intimidating or threatening any person,
  3. committing any other illegal act or other violation of school policy, and
  4. inciting other students to act with physical violence;
• inappropriate congregating, bullying, harassment, intimidation, degradation, disgrace and/or related activities which are likely to cause bodily danger, physical harm, or mental harm to students, employees or visitors.

The superintendent or superintendent's designee, in cooperation with local law enforcement and/or juvenile agencies, develops and regularly updates a regulation listing known gang clothing, jewelry, emblems, badges, signs, gestures, handshakes, and symbols.

The superintendent or superintendent's designee provides in-service training in gang behavior and characteristics to facilitate staff identification of students at risk and promote membership in authorized school groups and/or activities as an alternative.

Revised: February 10, 2020

Legal References

• Code of Virginia, as amended, §§ 18.2-546.1, 22.1-70, 22.1-78, 22.1-79(2),
  §22.1-276.01

Cross References: 

• IIBEA/GAB Acceptable Computer System Use
• JFC Student Conduct
• JFC-R Standards of Student Conduct

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JFCF: DRUGS IN SCHOOL

Generally

• on the property, including building or grounds, of any public school;
• on public property or any property open to public use within 1,000 feet of the property, including building or grounds, of any public school;
• on any school bus; or
• at any designated school bus stop or any public property or any property open to public use within 1,000 feet of such school bus stop during the time when school children are waiting to be picked up and transported to or are being dropped off from school or a school sponsored activity.

• 1. Expulsion

     A student who is determined to have brought a substance or imitation controlled substance, or marijuana onto school property or to a school-sponsored activity may be expelled in accordance with Policy JGD/JGE Student Suspension/Expulsion. The superintendent may determine, based on the facts of the particular case, that special circumstances exist and no disciplinary action or another form of discipline is appropriate. Any such disciplinary action shall be taken in accordance with Article 3 of Chapter 14 of Title 22.1 of the Code of Virginia.

  2. Prevention and Intervention

     Any student who violates this policy shall participate in the prevention and intervention activities identified in Smyth County Public School’s drug and violence prevention plan.

     The School Board may require any student who has been found to have been in possession of, or under
     the influence of, drugs or alcohol on a school bus, on school property, or at a school-sponsored activity in violation of School Board policies, to undergo evaluation for drug or alcohol abuse, or both, and if
     recommended by the evaluator and with the consent of the student’s parent, to participate in a treatment program. 

  3. Required Reporting to Parents and Local Law Enforcement

     The Principal reports a violation of this policy to parents and local law enforcement as required by Policy CLA: Reporting Acts of Violence and Substance Abuse.

• Students with Disabilities

  1. Students with disabilities are subject to the provisions of Section I of this policy and may be disciplined to the same extent as a nondisabled student provided the manifestation review committee determines that the violation was not a manifestation of the student’s disability. The provisions of Policy JGDA Disciplining Students with Disabilities will be followed in addition to the regular disciplinary procedures.
  2. Additional authority to remove a student with a disability from school for a drug violation.
     1. In addition to the authority granted in the sections above, a student with a disability may be removed without parent consent and assigned to an interim alternative education program by school personnel for not more than forty-five (45) school days when the student knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of a state or local educational agency. This option is available regardless of whether a manifestation exists. The removal should not be in excess of any removal imposed on a student without a disability for the same offense.
     2. For purposes of this forty-five (45) school day removal, “illegal drugs” and “controlled substance” are defined federal law as follows:
        1. Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in § 202(c) of the Controlled Substances Act at 21 U.S.C. § 812(c).
        2. Illegal drug means a controlled substance, but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under the Controlled Substances Act or under any other provision of federal law.

Legal References

• 20 U.S.C. § 1415
• 21 U.S.C. § 812
• Code of Virginia, 1950, as amended, §§ 18.2-247, 18.2-250, 18.2-250.1, 18.2-255.2, 22.1-277.08, 54.1-3401.
• 8 VAC 20-81-10.

Cross References

• CLA Reporting Acts of Violence and Substance Abuse
• JGD/JGE Student Suspension/Expulsion
• JFC Student Conduct
• JGDA Disciplining Students with Disabilities

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JFCH: TOBACCO PRODUCTS AND NICOTINE VAPOR PRODUCTS

Generally

Students are prohibited from possessing any tobacco product, nicotine vapor product, or any vapor product on a school bus, on school property, or at an on-site or off-site school sponsored activity.

In addition, the use or distribution of any tobacco product or nicotine vapor product, on a school bus, on school property, or at an on-site or off-site school sponsored activity is prohibited.

The superintendent is responsible for developing a regulation which contains

• Provisions for the enforcement of this policy among students, employees, and visitors, including the enumeration of possible sanctions or disciplinary actions, and
• Referrals to resources to help staff and students overcome tobacco addition

Definitions

Revised: November 2, 2023

Legal References

• 20 U.S.C. §§ 6083, 7183.
• Code of Virginia, 1950, as amended, §§ 18.2-371.2, 22.1-79.5, 22.1-279.6.

Cross References

• CLA Reporting Acts of Violence and Substance Abuse
• JFCH/KGC Tobacco Products and Nicotine Vapor Products
• KG: Community Use of School Facilities
• KGB: Public Conduct on School Property

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JFCL: NOTIFICATION REGARDING PROSECUTION OF JUVENILES AS ADULTS

The Smyth County School Board annually provides information developed by the Office of the Attorney General to students regarding laws governing the prosecution of juveniles as adults for the commission of certain crimes.

Legal References

• Code of Virginia, 1950, as amended, § 22.1-279.4.

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JFG: SEARCH AND SEIZURE

A search involves an invasion of privacy. Whether a search of a student is permissible depends on a balancing of the student’s right to privacy and freedom from unreasonable search and seizure against the school division’s responsibility to protect the health, safety and welfare of all persons in the school community and to carry out its educational mission. To maintain order and discipline in the schools and to protect the health, safety and welfare of students and school personnel, school authorities may search a student, student belongings, student lockers or student automobiles under the circumstances outlined below and may seize any illegal, unauthorized, or contraband materials discovered in the search.

As used in this policy, the term "unauthorized" means any item dangerous to the health or safety of students or school personnel; or disruptive of any lawful function, mission or process of the school; or any item described as unauthorized in school rules available beforehand to the student; or any item of property belonging to another in the possession of a student without the consent of the owner of such property.

The locations at which searches of students and student property may be conducted are not limited to the school building or school property. Searches may be conducted wherever the student is involved in a school-sponsored function.

PERSONAL SEARCHES

A student's person and/or personal effects (e.g. purse, book bag, etc.) may be searched by a school official whenever the official has reasonable suspicion to believe that the student has violated or is about to violate the law or a school rule and that the search will yield evidence of the violation.

All individual searches of students must be based on reasonable suspicion. In order to be permissible, the search must be:

1. justified at its inception and
2. reasonably related in scope to the circumstances justifying the search.

An individual search is justified at its inception when a school official has reasonable grounds, based on the totality of the known circumstances, for suspecting that the search will reveal evidence that the student has violated or is violating either the law or the rules of the school. A search is reasonable in scope when it is reasonably related to the objectives of the search and is not excessively intrusive in light of the age and sex of the student and the nature of the suspected infraction.

A personal search may include requiring a student to be scanned with a metal detector.

A pat down search of a student may only be conducted if a school administrator has established a high level of reasonable suspicion that evidence will be found to corroborate suspicion that a law or school rule has been broken. If a pat down search of a student's person is conducted, it will be conducted in private by a school official of the same sex and with an adult witness of the same sex present.

Strip searches involve an extreme intrusion into the rights of a student and may only be conducted when an extremely serious situation exists requiring immediate action because of an imminent threat of death or great bodily injury to a person or persons. If a strip search is necessary the school official should contact the appropriate law enforcement official, and the search should be conducted by a sworn law enforcement officer of the same sex, in the presence of a same sex adult witness. School officials may only conduct a strip search in cases where it is necessary to avoid the imminent threat of death or great bodily injury to the student or another person. If a strip search must be conducted by a school official, it must be by a same sex official with a same sex adult witness, and the school official must have the prior approval of the superintendent or superintendent's designee, unless the health or safety of the student is endangered by the delay.

LOCKER AND DESK SEARCHES

Student lockers and desks are school property and remain at all times under the control of the school; however, students are expected to assume full responsibility for the security of their lockers and are responsible for the content of their assigned locker at all times. Periodic general inspections of lockers and desks may be conducted by school authorities for any reason at any time without notice, without student consent, and without a search warrant.

AUTOMOBILE SEARCHES

Students are permitted to park on school premises as a matter of privilege, not of right. The school retains authority to conduct routine patrols of student parking lots and inspections of the exteriors of student automobiles on school property. The interiors of student vehicles may be inspected whenever a school official has reasonable suspicion to believe that the student has violated or is about to violate the law or a school rule and that the search will yield evidence of the violation, or that illegal or unauthorized materials or other evidence of illegal or otherwise prohibited activities are contained inside the automobile. Such patrols and inspections may be conducted without notice, without student consent, and without a search warrant.

SEIZURE OF ILLEGAL MATERIALS

If a properly conducted search yields illegal or contraband materials, such findings shall be turned over to proper legal authorities for ultimate disposition.

COMPUTER SEARCHES

The school computer system, as defined in Policy GAB/IIBEA Acceptable Computer System Use, is school property. Students are only authorized to use the school's computer system and other similar educational technology consistent with the educational mission of the school division and in accordance with Policy GAB/IIBEA Acceptable Computer System Use. School officials may search school computers, software and Internet access records at any time for any reason and without student consent.

CONSENT SEARCHES

If a student gives a school official consent for a search the school official does not need to demonstrate reasonable suspicion. A student's consent is only valid if given willingly and with knowledge of the meaning of consent. Students should be told of their right to refuse to be searched, and students must not perceive themselves to be at risk of punishment for refusing to grant permission for the search.

SEIZURE OF ILLEGAL MATERIALS

If a properly conducted search yields illegal or contraband materials, such findings shall be turned over to proper legal authorities for ultimate disposition.

Legal References

• New Jersey v. T.L.O., 469 U.S. 325 (1985).
• Constitution of the United States, Amendment IV.
• Constitution of Virginia, Article I, § 10.
• Code of Virginia, 1950, as amended, §§22.1-279.7, 22.1-280.2:3.
• Virginia School Search Resource Guide (Virginia Department of Education Oct. 2000).

Cross References

• Reporting Acts of Violence and Substance Abuse
• Reproduction and Use of Copyrighted Materials
• GAB/IIBEA: Acceptable Computer System Use
• JFC: Student Conduct
• JFCD: Weapons in School
• JFCF: Drugs in School
• KNAJ: Relations With Law Enforcement Authorities

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JFHA/GBA: Prohibition Against Harassment and Retaliation

I. Policy Statement

The Smyth County School Division is committed to maintaining a learning/working environment free from harassment. In accordance with the law, the Board prohibits harassment against students, employees or others on the basis of sex, sexual orientation, gender, gender identity, race, color, national origin, disability, religion, ancestry, age, marital status, pregnancy, childbirth or related medical conditions, status as a veteran, genetic information or any other characteristic protected by law or based on a belief that such characteristic exists, hereinafter referred to as protected group status, at school or any school sponsored activity. 

It is a violation of this policy for any student or school personnel to harass a student or school personnel based on protected group status at school or any school sponsored activity. Further, it shall be a violation of this policy for any school personnel to tolerate harassment or harassment based on a student's or employee's protected group status at school or any school sponsored activity, by students, school personnel or third parties participating in, observing or otherwise engaged in school sponsored activities. 

For the purpose of this policy, school personnel includes school board members, school employees, agents, volunteers, contractors or other persons subject to the supervision and control of the School Division.

The School Division shall: (1) promptly investigate all complaints, written or verbal, of harassment based on protected group status at school or any-school sponsored activity (2) promptly take appropriate action to stop any harassment and (3) take appropriate action against any student or school personnel who violates this policy and take any other action reasonably calculated to end and prevent further harassment of school personnel or students.

II. Definitions

A. Sexual Harassment

Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:

1. submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment or education; or
2. submission to or rejection of the conduct or communication by an individual is used as a factor in decisions affecting that individual's employment or education; or
3. that conduct or communication substantially or unreasonably interferes with an individual's employment or education, or creates an intimidating, hostile or offensive employment or educational environment (i.e. the conduct is sufficiently serious to limit a student's or employee's ability to participate in or benefit from the educational program or work environment).

Examples of conduct which may constitute sexual harassment if it meets the immediately preceding definition include:

• unwelcome sexual physical contact;
• unwelcome ongoing or repeated sexual flirtation or propositions, or remarks;
• sexual slurs, leering, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions;
• graphic comments about an individual's body;
• sexual jokes, notes, stories, drawings, gestures or pictures;
• spreading sexual rumors;
• touching an individual's body or clothes in a sexual way;
• displaying sexual objects, pictures, cartoons or posters;
• impeding or blocking movement in a sexually intimidating manner;

B. Harassment Based on Race, National Origin, Disability or Religion

Harassment based on race, national origin, disability or religion consists of physical or verbal conduct relating to an individual's race, national origin, disability or religion when the conduct:

1. creates an intimidating, hostile or offensive working or educational environment; or
2. substantially or unreasonably interferes with an individual's work or education; or
3. otherwise is sufficiently serious to limit an individual's employment opportunities or to limit a student's ability to participate in or benefit from the education program.

Examples of conduct which may constitute harassment based on race, national origin, disability or religion if it meets the immediately preceding definition include:

• graffiti containing racially offensive language.
• name calling, jokes or rumors.
• physical acts of aggression against a person or his property because of that person's race, national origin, disability or religion.
• hostile acts which are based on another's race, national origin, religion or disability.
• written or graphic material which is posted or circulated and which intimidates or threatens individuals based on their race, national origin, disability or religion.

C. ADDITIONAL PROHIBITED BEHAVIOR

III. Complaint Procedure

A. Formal Procedure

1. File Report

Any student or school personnel who believes he or she has been the victim of sexual harassment or harassment based on race, national origin, religion or disability by a student, school personnel or a third party should report the alleged harassment to one of the compliance officers designated in this policy or to any school personnel. The alleged harassment should be reported as soon as possible, and the report generally should be made within fifteen (15) school days of the occurrence. Further, any student who has knowledge of conduct which may constitute prohibited harassment should report such conduct to one of the compliance officers designated in this policy or to any school personnel. Any school personnel who has knowledge that a student or other school personnel may have been a victim of prohibited harassment shall immediately report the alleged harassment to one of the compliance officers designated in this policy.

The reporting party should use the form, Report of Harassment, JFHA-F, to make complaints of harassment. However, oral reports and other written reports shall also be accepted. The complaint should be filed with either the building principal or one of the compliance officers designated in this policy. The principal shall immediately forward any report of alleged prohibited harassment to the compliance officer. Any complaint that involves the compliance officer or principal shall be reported to the superintendent.

The complaint, and identity of the complainant and alleged harasser, will be disclosed only to the extent necessary to fully investigate the complaint and only when such disclosure is required or permitted by law. Additionally, a complainant who wishes to remain anonymous shall be advised that such confidentiality may limit the School Division's ability to fully respond to the complaint.

2. Investigation

Upon receipt of a report of alleged prohibited harassment, the compliance officer shall immediately authorize or undertake an investigation. The investigation may be conducted by school personnel or a third party designated by the school division. The investigation shall be completed as soon as practicable, which generally should not be later than 14 calendar days after receipt of the report by the compliance officer. Upon receiving the complaint, the compliance officer shall acknowledge receipt of the complaint by giving written notice that the complaint has been received to both the person complaining of harassment and the person accused of harassment. Also upon receiving the complaint, the compliance officer shall determine whether interim measures should be taken pending the outcome of the investigation. Such interim measures may include, but are not limited to, separating the alleged harasser and the complainant and, in cases involving potential criminal conduct, determining whether law enforcement officials should be notified. If the compliance officer determines that more than 14 days will be required to investigate the complaint, the complainant and the accused shall be notified of the reason for the extended investigation and of the date by which the investigation will be concluded. If the alleged harassment may also constitute child abuse, then it must be reported to the Department of Social Service in accordance with Policy GAE Child Abuse and Neglect Reporting.

The investigation may consist of personal interviews with the complainant, the alleged harasser, and any others who may have knowledge of the alleged harassment or the circumstances giving rise to the complaint. The investigation may also consist of the inspection of any other documents or information deemed relevant by the investigator. The school division shall take necessary steps to protect the complainant and others pending the completion of the investigation.

In determining whether alleged conduct constitutes a violation of this policy, the division shall consider, at a minimum: (1) the surrounding circumstances; (2) the nature of the behavior; (3) past incidents or past or continuing patterns of behavior; (4) the relationship between the parties; (5) how often the conduct occurred; (6) the identity of the alleged perpetrator in relation to the alleged victim (i.e. whether the alleged perpetrator was in a position of power over the alleged victim); (7) the location of the alleged harassment; (8) the ages of the parties and (9) the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a case by case determination based on all of the facts and circumstances revealed after a complete and thorough investigation.

The compliance officer shall issue a written report to the superintendent upon completion of the investigation. If the complaint involves the superintendent, then the report shall be sent to the School Board. The report shall include a determination of whether the allegations are substantiated, whether this policy was violated and recommendations for corrective action, if any.

All employees shall cooperate with any investigation of alleged harassment conducted under this policy or by an appropriate state or federal agency.

3. Action by Superintendent

Within five (5) calendar days of receiving the compliance officer's report, the Superintendent or designee shall issue a decision regarding whether this policy was violated. This decision must be provided in writing to the complainant and the alleged perpetrator. If the Superintendent or designee determines that prohibited harassment occurred, the Smyth County School Division shall take prompt, appropriate action to address and remedy the violation as well as prevent any recurrence. Such action may include discipline up to and including expulsion or discharge. Whether or not the Superintendent or designee determines that prohibited harassment occurred, the Superintendent or designee may determine that school-wide or division-wide training be conducted or that the complainant receive counseling.

4. Appeal

If the Superintendent or designee determines that no prohibited harassment occurred, the employee or student who was allegedly subjected to harassment may appeal this finding to the School Board within five (5) calendar days of receiving the decision. Notice of appeal must be filed with the superintendent who shall forward the record to the School Board. The School Board shall make a decision within 30 calendar days of receiving the record. The School Board may ask for oral or written argument from the aggrieved party and the superintendent and any other individual the School Board deems relevant.

If the Superintendent or designee determines that prohibited harassment occurred and discipline is imposed, the disciplined person may appeal the disciplinary sanction in the same manner as any other such sanction would be appealed.

Employees may choose to pursue their complaints under this policy through the relevant employee grievance procedure instead of the complaint procedure in this policy.

5. Compliance Officer and Alternate Compliance Officer

The Smyth County School Board designates a Compliance Officer responsible for identifying, preventing and remedying discrimination as well as receiving complaints under this Policy and has designated:

Cole Spencer
Director of Human Resources
121 Bagley Circle Suite 300
Marion, VA 24354
(276)783-3791

as the Compliance Officer responsible for identifying, investigating, preventing and remedying prohibited harassment. Complaints of harassment may also be made to the Alternate Compliance Officer:

Kim Sturgill
Director of Pupil Personnel
121 Bagley Circle Suite 300
Marion, VA 24354
(276)783-3791

The Compliance Officer:

• receives reports or complaints of harassment;
• oversees the investigation of any alleged harassment;
• assesses the training needs of the school division in connection with this policy;
• arranges necessary training to achieve compliance with this policy;
• ensures that any harassment investigation is conducted by an impartial investigator who is trained in the requirements of equal employment/education opportunity, including the authority to protect the alleged victim and others during the investigation.

B. Informal Procedure

If the complainant and the person accused of harassment agree, the student's principal or designee may arrange for them to resolve the complaint informally with the help of a counselor, teacher, or administrator.

If the complainant and the person accused of harassment agree to resolve the complaint informally, they shall each be informed that they have the right to abandon the informal procedure at any time in favor of the initiation of the Formal Procedures set fort herein. The principal or designee shall notify the complainant and the person accused of harassment in writing when the complaint has been resolved. The written notice shall state whether prohibited harassment occurred.

IV. Retaliation

Retaliation against students or school personnel who report harassment or participate in any related proceedings is prohibited. The School Division shall take appropriate action against students or school personnel who retaliate against any student or school personnel who reports alleged harassment or participates in related proceedings.

V. Right to Alternative Complaint Procedure

Nothing in this policy shall deny the right of any individual to pursue other avenues of recourse to address concerns relating to prohibited harassment including initiating civil action, filing a complaint with outside agencies or seeking redress under state or federal law.

VI. Prevention and Notice of Policy

Training to prevent sexual harassment and harassment based on race, national origin, disability and religion should be included in employee and student orientations as well as employee in-service training.

This policy shall be (1) displayed in prominent areas of each division building in a location accessible to students, parents and school personnel, (2) included in the student and employee handbooks; and (3) sent to parents of all students within 30 calendar days of the start of school. Further, all students, and their parents/guardians, and employees shall be notified annually of the names and contact information of the compliance officers.

VII. False Charges

Students or school personnel who knowingly make false charges of harassment shall be subject to disciplinary action as well as any civil or criminal legal proceedings.

Legal References

• 20 U.S.C. §§ 1681-1688.
• 29 U.S.C. § 794.
• 42 U.S.C. §§ 2000d-2000d-7.
• 42 U.S.C. §§ 2000e-2000e-17.
• 34 C.F.R. part 106.

Cross References

• AC: Nondiscrimination
• AD: Educational Philosophy
• GAB/IIBEA: Acceptable Computer System Use
• GB: Equal Employment Opportunity/Nondiscrimination
• JB: Equal Educational Opportunities/Nondiscrimination
• JFC: Student Conduct
• GCPD: Professional Staff Members: Contract Status and Discipline
• GDPD: Support Staff Members: Contract Status and Discipline
• GAE: Child Abuse and Neglect Reporting
• KKA: Service Animals in Public Schools

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JGA: CORPORAL PUNISHMENT

No teacher, principal or other person employed by the School Board shall subject a student to corporal punishment. This prohibition does not prohibit the use of incidental, minor, or reasonable physical contact or other actions designed to maintain order and control or the use of reasonable and necessary force:

• to quell a disturbance or remove a student from the scene of a disturbance which threatens physical injury to persons or damage to property;
• to prevent a student from inflicting physical harm on himself;
• for self-defense or the defense of others; or
• to obtain possession of weapons or other dangerous objects or controlled substances or paraphernalia which are upon the person of the students or within his control.

For the purposes of this policy, "corporal punishment" means the infliction of, or causing the infliction of, physical pain on a student as a means of discipline. "Corporal punishment" does not include physical pain, injury, or discomfort caused by participation in practice or competition in an interscholastic sport, or participation in physical education or an extracurricular activity.

Adopted: March 23, 2009
Revised: July 9, 2012

Legal References

• Code of Virginia, 1950 as amended, §§ 22.1-78, 22.1-279.1.

Cross References

• JM: Restraint and Seclusion of Students

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JGD/JGE: STUDENT SUSPENSION/EXPULSION

I. DEFINITIONS

As used in this Policy,

"Alternative education program" includes night school, adult education, or another education program designed to offer instruction to students for whom the regular program of instruction may be inappropriate.

"Destructive device" means (1) any explosive, incendiary, or poison gas, bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or other similar device; (2) any weapon, except a shotgun or a shotgun shell generally recognized as particularly suitable for sporting purposes, by whatever name known that will, or may be readily converted to, expel a projectile by the action of an explosive or other propellant, and that has any barrel with a bore of more than one-half inch in diameter that is homemade or was not made by a duly licensed weapon manufacturer, any fully automatic firearm, any sawed-off shotgun or sawed-off rifle as defined in Va. Code § 18.2-299 or any firearm prohibited from civilian ownership by federal law; and (3) any combination of parts either designed or intended for use in converting any device into any destructive device described herein and from which a destructive device may be readily assembled. "Destructive device" does not include any device that is not designed or redesigned for use as a weapon, or any device originally designed for use as a weapon and that is redesigned for use as a signaling, pyrotechnic, line-throwing, safety, or other similar device, nor shall it include any antique firearm as defined in subsection G of Va. Code § 18.2-308.2:2.

"Disruptive behavior" means a violation of school board policies or the Standards of Student Conduct issued by the superintendent pursuant to Policy JFC Students Conduct that interrupts or obstructs the learning environment.

"Exclusion" means a Virginia school board's denial of school admission to a student who has been expelled or has been placed on a long-term suspension of more than thirty calendar days by another school board or a private school, either in Virginia or another state, or for whom admission has been withdrawn by a private school in Virginia or another state.

"Expulsion" means any disciplinary action imposed by a school board or a committee thereof, as provided in school board policy, whereby a student is not permitted to attend school within the school division and is ineligible for readmission for 365 calendar days after the date of the expulsion.

"Firearm" means (1) any weapon, including a starter gun, that will, or is designed or may readily be converted to, expel single or multiple projectiles by the action of an explosion of a combustible material; (2) the frame or receiver of any such weapon; or (3) any unloaded firearm in a closed container. "Firearm" does not include any pneumatic gun as defined in this Policy.

"Long-term suspension" means any disciplinary action whereby a student is not permitted to attend school for 11 to 45 school days.

"One year" means 365 calendar days as required in federal regulations.

"Pneumatic gun" means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure. "Pneumatic gun" includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact.

"School property" means any real property owned or leased by the school board or any vehicle owned or leased by the school board or operated by or on behalf of the school board.

"Short-term suspension" means any disciplinary action whereby a student is not permitted to attend school for a period not to exceed ten school days.

In Sections III, IV, VI, and VIII of this Policy, "Superintendent's designee" means a 1) trained hearing officer or 2) professional employee in the administrative offices of the school division who reports directly to the superintendent and who is not a school-based instructional or administrative employee.

II. SUSPENSIONS AND EXPULSIONS OF STUDENTS GENERALLY

Pupils may be suspended or expelled from attendance at school for sufficient cause.

Except as provided in subsection C of Va. Code§ 22.1-277 or Va. Code § 22.1-277.07 or 22.1-277.08, no student in preschool through grade three is suspended for more than three school days or expelled from attendance at school, unless (i) the offense involves physical harm or credible threat of physical harm to others or (ii) the School Board or the superintendent or superintendent’s designee finds that aggravating circumstances exists, as defined by the Virginia Department of Education.

Any student for whom the superintendent of the school division in which the student is enrolled has received a report pursuant to Va. Code § 16.1-305.1 of an adjudication of delinquency or a conviction for an offense listed in subsection G of Va. Code § 16.1-260 may be suspended or expelled from school attendance.

The authority of teachers to remove students from their classes in certain instances of disruptive behavior shall not be interpreted to affect the operation of this Policy.

The superintendent is responsible for creating procedures to ensure that suspended students are able to access and complete graded work during and after the suspension.

III. SHORT-TERM SUSPENSIONS

A pupil may be suspended for not more than ten school days by either the school principal, any assistant principal, or, in their absence, any teacher. The principal, assistant principal, or teacher may suspend the pupil after giving the pupil oral or written notice of the charges against him and, if he denies them, an explanation of the facts as known to school personnel and an opportunity to present his version of what occurred. In the case of any pupil whose presence poses a continuing danger to persons or property, or whose presence is an ongoing threat of disruption, the pupil may be removed from school immediately and the notice, explanation of facts, and opportunity to present his version shall be given as soon as is practical thereafter.

Upon suspension of any pupil, the principal, assistant principal, or teacher responsible for such suspension reports the facts of the case in writing to the superintendent or superintendent's designee and the parent of the pupil suspended. The superintendent or superintendent's designee reviews forthwith the action taken by the principal, assistant principal, or teacher upon a petition for such review by any party in interest and confirms or disapproves such action based on an examination of the record of the pupil's behavior.

The decision of the superintendent or superintendent's designee is final and is not appealable to the school board.

Any oral or written notice to the parent of a student who is suspended from school attendance for not more than ten days includes notification of the length of the suspension, information regarding the availability of community-based educational programs, alternative education programs or other educational options, and of the student's right to return to regular school attendance upon the expiration of the suspension. The costs of any community-based educational program, or alternative education program or educational option, which is not a part of the educational program offered by the school division, shall be borne by the parent of the student.

IV. LONG-TERM SUSPENSION

A pupil may be suspended from attendance at school 11 to 45 days after written notice is provided to the pupil and his parent of the proposed action and the reasons therefor and of the right to a hearing before the school board or the superintendent or superintendent's designee, in accordance with regulations of the school board. If the regulations provide for a hearing by the superintendent or superintendent's designee, the regulations shall also provide for an appeal of the decision to the full school board. Such appeal shall be decided by the school board within thirty days.

The written notice of a suspension for 11 to 45 days includes notification of the length of the suspension and provides information concerning the availability of community-based educational, alternative education, or intervention programs. Such notice also states that the student is eligible to return to regular school attendance upon the expiration of the suspension or to attend an appropriate alternative education program approved by the school board during or upon the expiration of the suspension. The costs of any community-based educational, alternative education, or intervention program that is not a part of the educational program offered by the school division that the student may attend during his suspension is borne by the parent of the student.

A long-term suspension may extend beyond a 45-school-0day period but shall not exceed 364 calendar days if (i) the offense is one described in Va. Code §§ 22.1-277.07 or 22.1-277.08 or involves serious bodily injury or (ii) the School Board or division superintendent or superintendent’s designee finds that aggravating circumstances exist, as defined by the Virginia Department of Education.

Nothing herein shall be construed to prohibit the school board from permitting or requiring students suspended pursuant to this section to attend an alternative education program provided by the school board for the term of such suspension.

V. EXPULSION

A. Generally

Pupils may be expelled from attendance at school after written notice to the pupil and the pupil’s parent of the proposed action and the reasons therefor and of the right to a hearing before the school board. The regulations provide for subsequent confirmation or disapproval of the proposed expulsion by the school board regardless of whether the pupil has exercised the right to a hearing.

The written notice given to the pupil and the pupil’s parent includes notification of the length of the expulsion and provides information to the parent of the student concerning the availability of community-based educational, training, and intervention programs. The notice also states whether or not the student is eligible to return to regular school attendance, or to attend an appropriate alternative education program approved by the school board, or an adult education program offered by the school division, during or upon the expiration of the expulsion, and the terms or conditions of such readmission. The costs of any community-based educational, training, or intervention program that is not a part of the educational program offered by the school division that the student may attend during his expulsion is borne by the parent of the student.

Nothing in this section shall be construed to prohibit the school board from permitting or requiring students expelled pursuant to this Policy to attend an alternative education program provided by the school board for the term of such expulsion.

If the school board determines that the student is ineligible to return to regular school attendance or to attend during the expulsion an alternative education program or an adult education program in the school division, the written notice also advises the parent of such student that the student may petition the school board for readmission to be effective one calendar year from the date of the expulsion, and of the conditions, if any, under which readmission may be granted.

The School Board establishes, by regulation, a schedule pursuant to which such students may apply and reapply for readmission to school. Such schedule shall be designed to ensure that any initial petition for readmission will be reviewed by the school board or the superintendent, and, if granted, would enable the student to resume school attendance one calendar year from the date of the expulsion. If the division superintendent denies such petition, the student may petition the school board for review of such denial.

B. Conduct Giving Rise to Expulsion

Recommendations for expulsions for actions other than those specified below are based on consideration of the following factors:

• the nature and seriousness of the conduct;
• the degree of danger to the school community;
• the student's disciplinary history, including the seriousness and number of previous infractions;
• the appropriateness and availability of an alternative education placement or program;
• the student's age and grade level;
• the results of any mental health, substance abuse, or special education assessments;
• the student's attendance and academic records; and
• other appropriate matters.

No decision to expel a student shall be reversed on the grounds that such factors were not considered. Nothing in this subsection precludes the School Board from considering any of the factors listed above as "special circumstances" for purposes of expulsions discussed in the following subsections.

Firearms, Destructive Devices and Pneumatic Guns

The School Board shall expel from school attendance for a period of not less than one year any student whom the school board has determined to have possessed a firearm on school property or at a school-sponsored activity as prohibited by Va. Code § 18.2-308.1, or to have possessed a firearm or destructive device as defined in this policy, a firearm muffler or firearm silencer, or a pneumatic gun as defined in this policy on school property or at a school-sponsored activity. A school administrator or the School Board may, however, determine, based on the facts of a particular situation, that special circumstances exist and no disciplinary action or another disciplinary action or another term of expulsion is appropriate. The School Board may promulgate guidelines for determining what constitutes special circumstances. In addition, the School Board authorizes the superintendent or superintendent's designee to conduct a preliminary review of such cases to determine whether a disciplinary action other than expulsion is appropriate. Nothing in this section shall be construed to require a student's expulsion regardless of the facts of the particular situation.

The exemptions set out in Va. Code § 18.2-308 regarding concealed weapons apply, mutatis mutandis, to the provisions of this Policy. The provisions of this section do not apply to students who possess such firearm or firearms or pneumatic guns as a part of the curriculum or other programs sponsored by the schools in the school division or any organization permitted to use school premises.

Drug Offenses

The School Board shall expel from school attendance any student whom the School Board has determined to have brought a controlled substance or imitation controlled substance as those terms are as defined in Va. Code § 18.2-247, onto school property or to a school-sponsored activity. The School Board may, however, determine, based on the facts of the particular case, that special circumstances exist and another disciplinary action is appropriate. If the court finds "Evidence Sufficient," then this means that there was enough evidence to find a guilty charge, but the student is treated as a first offender. If the case ends without an adjudication of guilt, then the school principal and superintendent or superintendent's designee will determine the appropriate disciplinary action in such cases.

C. Procedure for School Board Hearing

The procedure for the School Board hearing is as follows:

• The School Board determines the propriety of attendance at the hearing of persons not having a direct interest in the hearing. The hearing is private unless otherwise specified by the School Board.
• The School Board may ask for opening statements from the principal or principal's representative and the student or student's parent(s) (or their representative) and, at the discretion of the School Board, may allow closing statements.
• The parties then present their evidence. Because the principal has the ultimate burden of proof, he presents his evidence first. Witnesses may be questioned by the School Board members and by the parties (or their representative). The School Board may, at its discretion, vary this procedure, but it shall afford full opportunity to both parties for presentation of any material or relevant evidence and shall afford the parties the right of cross examination provided, however, that the School Board may take the testimony of student witnesses outside the presence of the student, the student's parent(s) and their representative if the School Board determines, in its discretion, that such action is necessary to protect the student witness.
• The parties shall produce such additional evidence as the School Board may deem necessary. The School Board is the judge of the relevancy and materiality of the evidence.
• Exhibits offered by the parties may be received in evidence by the School Board and, when so received, are marked and made part of the record.
• The School Board may, by majority vote, uphold, reject or alter the recommendations.
• The School Board transmits its decision, including the reasons therefor, to the student, the student's parent(s), the principal and superintendent.

VI. ALTERNATIVE EDUCATION PROGRAM

The School Board may require any student who has been

• charged with an offense relating to the laws of Virginia, or with a violation of
  School Board policies, on weapons, alcohol, or drugs, or intentional injury to
  another person, or with an offense that is required to be disclosed to the
  superintendent pursuant to Va. Code § 16.1-260.G;
• found guilty or not innocent of an offense relating to Virginia’s laws on
  weapons, alcohol, or drugs, or of a crime that resulted in or could have
  resulted in injury to others, or of an offense that is required to be disclosed to
  the superintendent pursuant to Va. Code § 16.1-260.G;
• found to have committed a serious offense or repeated offenses in violation of
  School Board policies;
• suspended pursuant to Va. Code § 22.1-277.05; or
• expelled pursuant to Va. Code § 22.1-277.06, 22.1-277.07, or 22.1-277.08 or
  subsection C of Va. Code § 22.1-277,

A principal or principal's designee may impose a short-term suspension, pursuant to Va. Code § 22.1-277.04, upon a student who has been charged with an offense involving intentional injury enumerated in Va. Code § 16.1-260.G, to another student in the same school pending a decision as to whether to require that such student attend an alternative education program.

As used in this section, "charged" means that a petition or warrant has been filed or is pending against a pupil.

VII. REPORTING

1. Except as may otherwise be required by federal law, regulation, or jurisprudence, reports are made to the superintendent and to the principal or principal's designee on all incidents involving
   1. the assault, or assault and battery, without bodily injury, of any person on a school bus, on school property, or at a school-sponsored activity;
   2. the assault and battery which results in a bodily injury, sexual assault, death, shooting, stabbing, cutting, or wounding of any person, abduction of any person as described in Va. Code § 18.2-47 or Va. Code § 18.2-48, or stalking of any person as described in Va. Code § 18.2-60.3, on a school bus, on school property, or at a school-sponsored activity;
   3. any conduct involving alcohol, marijuana, a controlled substance, imitation controlled substance, or an anabolic steroid on a school bus, on school property, or at a school-sponsored activity, including the theft or attempted theft of student prescription medications;
   4. any threats against school personnel while on a school bus, on school property, or at a school-sponsored activity;
   5. the illegal carrying of a firearm as defined in Va. Code § 22.1-277.07 onto school property;
   6. any illegal conduct involving firebombs, explosive materials or devices, or hoax explosive devices, as defined in Va. Code § 18.2-85 or explosive or incendiary devices, as defined in Va. Code § 18.2-433.1, or chemical bombs, as described in Va. Code § 18.2-87.1, on a school bus, on school property, or at a school-sponsored activity;
   7. any threats or false threats to bomb, as described in Va. Code § 18.2-83, made against school personnel or involving school property or school buses;
   8. the arrest of any student for an incident occurring on a school bus, on school property, or at a school sponsored activity, including the charge therefor; and
   9. any illegal possession of weapons, alcohol, drugs, or tobacco products.
2. The superintendent and the principal or principal's designee shall receive reports made by local law enforcement authorities on offenses, wherever committed, by students enrolled at the school if the offense would be a felony if committed by an adult or would be a violation of the Drug Control Act, Va. Code § 54.1-3400 et seq., and occurred on a school bus, on school property, or at a school-sponsored activity, or would be an adult misdemeanor involving any incidents described in the clauses (1) through (8) of subsection VII.A. of this policy, and whether the student is released to the custody of the student's parent or, if 18 years of age or more, is released on bond. A superintendent who receives notification that a juvenile has committed an act that would be a crime if committed by an adult pursuant to subsection G of Va. Code § 16.1-260 reports such information to the principal of the school in which the juvenile is enrolled.
3. The principal or principal's designee shall submit a report of all incidents required to be reported pursuant to subsection VII.A.(1-8) of this policy to the superintendent. The superintendent annually reports all such incidents to the Virginia Department of Education. In submitting reports of such incidents, principals and superintendents shall accurately indicate any offenses, arrests, or charges as recorded by law-enforcement authorities and required to be reported by such authorities pursuant to subsection VII.B. of this policy.
4. The principal or principal's designee also notifies the parent of any student involved in an incident required by this subsection to be reported, regardless of whether disciplinary action is taken against such student or the nature of the disciplinary action. Such notice relates to only the relevant student's involvement and does not include information concerning other students.
5. Whenever any student commits any reportable incident as set forth in this subsection, such student is required to participate in such prevention and intervention activities as deemed appropriate by the superintendent or superintendent's designee.
6. Except as may otherwise be required by federal law, regulation, or jurisprudence, a principal immediately reports to the local law-enforcement agency any act enumerated in clauses (2) through (7) of subsection VII.A. of this policy that may constitute a criminal offense and may report to the local law enforcement agency any incident described in clause (1) of subsection VII.A. of this policy. In addition, except as may be prohibited by federal law, regulation, or jurisprudence, the principal also immediately reports any act enumerated in clauses (2) through (5) of subsection VII.A of this policy that may constitute a criminal offense to the parents of any minor student who is the specific object of such act. Further, the principal reports that the incident has been reported to local law enforcement as required by law and that the parents may contact local law enforcement for further information, if they so desire.
7. For purposes of this section, "parent" or "parents" means any parent, guardian or other person having control or charge of a child.

VIII. RE-ADMISSION OF SUSPENDED AND/OR EXPELLED STUDENTS

Any student who has been suspended from a school of this division is not eligible to attend any other school within the division until eligible to return to the student's regular school.

Any student who has been expelled or suspended for more than thirty days from attendance at school by a school board or a private school in this Commonwealth or in another state or for whom admission has been withdrawn by a private school in this Commonwealth or in another state may be excluded from attendance in Smyth County Public Schools, in accordance with Policy JEC School Admission. In the case of a suspension of more than thirty days, the term of the exclusion may not exceed the duration of such suspension.

In excluding any such expelled student from school attendance, the School Board may accept or waive any or all of any conditions for readmission imposed upon such student by the expelling school board pursuant to Va. Code § 22.1-277.06. The school board shall not impose additional conditions for readmission to school.

No suspended student is admitted to the regular school program until such student and the student's parent have met with school officials to discuss improvement of the student's behavior, unless the school principal or principal's designee determines that re-admission, without parent conference, is appropriate for the student.

If the parent fails to comply with this policy or Policy JEC School Admission, the School Board may ask the Juvenile and Domestic Relations Court to proceed against the parent for willful and unreasonable refusal to participate in efforts to improve the student's behavior.

Upon the expiration of the exclusion period for an expulsion or a withdrawal of admission, which period shall be established by the school board or superintendent or superintendent's designee, as the case may be at the relevant hearing, the student may re-petition the school board for admission. If the petition for admission is rejected, the school board shall identify the length of the continuing exclusion period and the subsequent date upon which such student may re-petition the school board for admission.

The school board may permit students excluded pursuant to this section to attend an alternative education program provided by the school board for the term of such exclusion.

IX. DISCIPLINING STUDENTS WITH DISABILITIES

Students with disabilities shall be disciplined in accordance with Policy JGDA.

Legal References

• 20 U.S.C. § 7961
• Code of Virginia, 1950, as amended, §§ 15.2-915.4, 16.1-260, 18.2-119, 18.2-308.1, 18.2-308.7, 18.2-308.2:2, 22.1-200.1, 22.1-254, 22.1-276.01, 22.1-276.2, 22.1-277, 22.1-277.04, 22.1-277.05, 22.1-277.06, 22.1-277.07, 22.1-277.07:1, 22.1-277.08, 22.1-277.2, 22.1-277.2:1, 22.1-279.3:1.
• 8 VAC 20-560-10.

Cross References

• IGBH: Alternative School Programs
• JEC: School Admission
• JFC: Student Conduct
• JFCD: Weapons in School
• JGDA: Disciplining Students With Disabilities
• JGDB: Discipline of Students With Disabilities for Infliction of Serious Bodily Injury
• KG: Community Use of School Facilities

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JGD/JGE-R: STUDENT SUSPENSION/EXPULSION

The following violations of the Code of Student Conduct and School Board policy are grounds for suspension:

Student actions and possible consequences for student behavior which include suspensions up to 10 days will be included in the Code of Student Conduct and Policy JGD/JGE.

The decision of the superintendent or his/her designee regarding a suspension for 10 days or less may not be appealed to the School Board. The decision of the superintendent or designee is final.

In the case of a suspension for more than ten days if the school board's regulations provide for a hearing by the superintendent or his designee, the regulations shall also provide for an appeal of the decision to the full school board. Such appeal shall be decided by the school board within 30 days. If the regulations of the school board provide for a hearing by a committee of the school board, the regulations shall also provide that such committee may confirm or disapprove the suspension. If the committee's decision is not unanimous, the student or his parent may appeal the committee's decision to the full school board. Such appeal shall be decided by the school board within 30 days.

Long-Term Suspensions/Expulsion

Offenses and possible consequences for student behavior which include long-term suspensions beyond 10 days or expulsions are located in the Code of Student Conduct and Policy JGD/JGE.

In the case of expulsion or long-term suspension, the school board shall confirm or disapprove the proposed expulsion regardless of whether the pupil has exercised the right to a hearing.

Adopted: August 12, 2013

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JGDA: DISCIPLINING STUDENTS WITH DISABILITIES

Students with disabilities, who violate the Student Code of Conduct, or engage in conduct for which they may be disciplined, will be disciplined in accordance with the regular disciplinary procedures and the additional guidelines expressed in this policy. School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement for a child with a disability as a result of discipline.

I. Long-Term Suspensions, Expulsions or Short-Term Suspensions Which Constitute a Pattern---- Long Term Removals and Considered a Disciplinary Change in Placement

For the purpose of removing students with disabilities from their current educational placements, a disciplinary change in placement occurs when:

1. the removal is for more than 10 consecutive school days at a time; or
2. there is a series of removals each of which is for 10 days or less and they cumulate to more than 10 days in a school year and constitute a pattern because of:
   1. the length of each removal,
   2. the proximity of the removals to each other,
   3. the total time the student is removed, and
   4. the child's behavior is substantially similar to the behavior exhibited in previous incidents in the school year.

If the disciplinary action will result in a long term removal, the student's parents must be sent notice that same day of the recommendation for discipline and be provided with a copy of the procedural safeguards. The procedures outlined in Section IV must also be followed.

A parent may request a due process hearing to challenge the pattern analysis determination. For any disciplinary change in placement, a Manifestation Determination Review (MDR) must be held and the Individualized Education Program (IEP) team must meet to determine the educational services to be provided during the long-term removal. 

II. Short-Term Suspension

A short-term suspension is a suspension of 10 consecutive days or less at a time.

School authorities may remove a student with a disability from the student’s current educational setting for up to 10 school days cumulative in a school year to the extent that such removal would be applied to students without disabilities and for additional short-term suspensions provided no pattern exists. Short term suspensions which constitute a pattern will be handled through long term removal procedures. 

No MDR or IEP meeting is required for a short term removal, although an IEP meeting may be held if needed. Educational services are provided for each day of removal after the first ten days of removal in a school year. Educational services should also be provided during the first ten day of removal is services are provided to a student without disabilities in the same circumstances. 

III. Functional Behavior Assessments and Behavior Intervention Plans

If the school administration, the parent, and the relevant Individualized Education Program (IEP) team members determine that a manifestation exists, the IEP team must:

• Conduct a Functional Behavioral Assessment (FBA) and implement a Behavioral Intervention Plan (BIP), if no FBA was conducted previously; or,
• If the student already has a FBA and BIP in place, review and modify the BIP, as necessary to address the behavior.

If a manifestation is found, the school division and the parent may agree to a change in placement when reviewing or modifying the BIP. Without this agreement, the student must return to the placement from which the student was removed. Nothing in this section limits the authority of the school division for the first ten days of removal in a school year or for the applicable forty-five school day removals.

If the MDR team members determine that there is no manifestation, then the IEP team should decide whether there is a need to conduct or review an FBA and BIP.

IV. Educational Services While Disciplined

For the first 10 days of removal in a school year, the School Board is not required to provide educational services to the student with a disability if services are not provided to students without disabilities who have been similarly removed.

After the first 10 days of removal in a school year, the School Board shall provide educational services to the student during the period of removal. The services must enable the student to:

1. Continue to progress in the general curriculum and
2. Progress toward meeting the goals set out in the student's IEP.

The determination of educational services is made by the IEP team for discipline which constitutes a change in placement. For discipline which is not a change in placement, the determination is made by school personnel in consultation with the student's special education teacher.

V. Manifestation Determination

When a disciplinary action is proposed that will result in a change of placement, a manifestation determination review shall be conducted within 10 school days after the date on which the decision to take disciplinary action is made. This review shall be conducted by the Manifestation Team which consists of a local educational agency representative, the parent and relevant members of the IEP team (as determined by the parent and the school division).

The Manifestation Team may determine that the behavior of the student was not a manifestation of such child's disability only if the Team:

1. Considers all relevant information in the student's file, including the student's IEP, any teacher observations, and any relevant information supplied by the parents; and
2. Determines that:
   1. The conduct in question was not caused by, or had a direct and substantial relationship to, the student's disability; and
   2. The conduct in question was not the direct result of the school division's failure to implement the IEP.

VI. Disciplinary Action for Behavior that is Determined Not to be a Manifestation

If the behavior is not a manifestation of the student's disability, the disciplinary procedures will be applied in the same manner as applied to nondisabled students. During a removal which constitutes a change in placement, the student must continue to receive the educational services necessary to enable the student to continue to participate in the general curriculum, although in another setting, and to progress toward meeting the goals set out in the student's IEP. In addition, the special education and disciplinary records of the student must be made available to the person who makes the final decision regarding the discipline.

A parent may request an expedited due process hearing if the parent disagrees with the determination that the behavior was not a manifestation of the student's disability or if the parent disagrees with any decision regarding the placement of the student while disciplined. During any appeal, the student will remain in the interim alternative
education setting unless reversed by decision of the hearing officer; provided, however, the student may still serve the balance of any applicable forty-five school day removal. The placement may also be changed through the IEP process with the consent of the parent. 

VII. Disciplinary Action and/or Alternative Placement for Behavior That Is Determined To Be a Manifestation

A student with a disability whose behavior is determined to be a manifestation of the student’s disability may not be disciplined except to the extent a removal is otherwise permitted by law. The student may also be removed to a more restrictive placement by following change in placement procedures. The IEP team must conduct or review a FBA and/or BIP as provided in Section III.

VIII. Interim Alternative Educational Settings for Weapons and Drugs and Infliction of Serious Bodily Injury

Students with disabilities 1) who carry or possess a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of a state or local educational agency; 2) who knowingly possess or use illegal drugs or sell or solicit the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of a state or local educational agency; or 3) who inflict serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a state or local educational agency may be disciplined pursuant to Policies JFCD, JFCF or JGDB and may be placed in an interim alternative educational setting for up to forty-five school days. This option may be available even where a manifestation exists. If no manifestation is found, the student may be disciplined to the extent a student without disabilities would be disciplined.

Any interim alternative educational setting shall be selected, by the IEP team, so as to enable the student to continue to progress in the general curriculum, although in another setting, and to progress toward meeting the goals set out in the student's IEP. The student must also receive, as appropriate, a FBA, behavioral intervention services and modifications designed to address the behavior so it does not recur.

IX. Change of Placement by Hearing Officer

In addition to the other options for removal, a hearing officer may order a change in the placement for a student with a disability to an appropriate interim alternative educational setting for not more than forty-five (45) school days if the hearing officer determines that maintaining the current placement of such student is substantially likely to result in injury to the student or others. Additional forty-five (45) school day removals may be authorized by the hearing officer as necessary.

X. Placement During Appeals

Students with disabilities are entitled to the due process rights available to a non-disabled student. In addition, students with disabilities are entitled to the due process procedures available under the Individuals with Disabilities Education Act, as amended and any state procedures. During the course of any appeals, the student's placement shall be in accordance with the provisions of federal law unless the parent and the school division agree otherwise.

XI. Students Not Yet Identified as Disabled

Students for whom the parents assert there is a disability but who have not yet been identified as disabled may be subjected to the same measures applied to students without disabilities if the school division did not have knowledge of the disability before the behavior that precipitated the disciplinary action occurred. A school division will be found to have knowledge of the student's disability if before the behavior that precipitated the disciplinary action occurred:

1. The parent expressed concern in writing to supervisory or administrative personnel of the school division, or to a teacher of the student, that the student is in need of special education and related services; or
2. The parent requested an evaluation of the student for special education eligibility through formal evaluation procedures; or
3. The student's teacher or other school personnel had expressed specific concerns about a pattern of behavior demonstrated by the student directly to the director of special education or to other supervisory personnel of the school division.

A school division would not be found to have knowledge of a student's disability if:

1. The parents refused to allow an evaluation of the student or refused special education services; or
2. The student was evaluated and found not eligible for special education services.

If a request for an initial evaluation is made during the period such student is subject to disciplinary measures, the evaluation shall be conducted in an expedited manner. If the student is found eligible as a child with a disability, taking into consideration information from the evaluation conducted by the school division and information provided by the parents, then the student must be provided special education and related services, although in another setting, in compliance with the procedures for suspended and expelled students with disabilities. Pending the results of the evaluation, the student shall remain in the educational placement determined by the school authorities.

XII. Disciplining Certain Section 504 Students Who Violate Alcohol and Drug Policies

Students who are identified as disabled solely under Section 504 of the Rehabilitation Act, and who are currently engaging in the illegal use of drugs or alcohol, may be disciplined for violating the division's alcohol and drug policies to the same extent as non-disabled students. The student is not entitled to a due process hearing under special education procedures in this circumstance but does retain the protections afforded to regular education students.

XIII. Reporting of Crimes

Legal References

• 20 U.S.C. § 1415(k).
• 29 U.S.C. § 705(20)(C)(iv)
• 34 C.F.R. 300.530-300.536.
• 8 VAC 20-81-160.
• Code of Virginia, 1950, as amended, § 22.1-279.6

Cross References

• JFC: Student Code of Conduct
• JFCD: Weapons in School
• JFCF: Drugs in School
• JGD/JGE: Student Suspensions/Expulsions
• JGDB: Discipline of Students With Disabilities for Infliction of Serious Bodily Injury

• Smyth County Public Schools Policies and Procedures for Special Education Handbook
• Smyth County Public Schools Section 504 Policies and Procedures

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JGDB: DISCIPLINE OF STUDENTS WITH DISABILITIES FOR INFLICTION OF SERIOUS BODILY INJURY

A student with a disability may be removed without parent consent and assigned to an interim alternative education program by school personnel for not more than forty-five (45) school days when the student has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a state or local educational agency. This option is available regardless of whether a manifestation exists. If no manifestation is found, the student may be disciplined to the extent that a student without disabilities would be disciplined. Educational services will be provided as outlined in Section IV of Policy JGDA.

In addition, the applicable procedures of Policies JGDA Disciplining Students with Disabilities and JGD/JGE  Student Suspension/Expulsion will be followed.

The term serious bodily injury has the same meaning given the term "serious bodily injury" under paragraph (3) of subsection (h) of section 1365 of title 18 of the United States Code.

Legal References

• 18 U.S.C. § 1365(h)(3).
• 20 U.S.C. § 1415(k)(1)(G)(iii)
• 34 C.F.R. §§ 300.530(g) and 300.530(i)(3)
• Code of Virginia, 1950, as amended, § 22.1-214
• 8 VAC 20-81-10
• 8 VAC 20-81-160

Cross References

• JFCD: Weapons in School
• JFCF: Drugs in School
• JGD/JGE: Student Suspension/Expulsion
• JGDA: Disciplining Students with Disabilities
• Smyth County Public Schools Policies and Procedures for Special Education Handbook

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JHC: STUDENT HEALTH SERVICES

The Smyth County School Board may employ school nurses, physicians, physical therapists, occupational therapists and speech therapists who meet such standards as may be determined by the Virginia Board of Education. Subject to the approval of the appropriate local governing body, a local health department may provide personnel for health services for the school division.

Adopted: July 28, 2009
Revised: April 24, 2013
Revised: September 11, 2017

Legal References

• Code of Virginia, 1950, as amended, § 22.1-274.

Cross References

• EBBA: Emergency First Aid, CPR and AED Certified Personnel
• GCPD: Professional Staff Discipline
• GCPF: Suspension of Staff Members
• JHCA: Physical Examinations of Students
• JHCB: Student Immunizations
• JHCC: Communicable Diseases
• JHCCA: Blood Borne Contagious or Infectious Diseases
• JHCD: Administering Medicine to Students

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JHCA: PHYSICAL EXAMINATIONS OF STUDENTS

No pupil is admitted for the first time to any public kindergarten or elementary school in Smyth County Public Schools unless such pupil furnishes, prior to admission:

1. A report from a qualified licensed physician, or a licensed nurse practitioner or licensed physician assistant acting under the supervision of a licensed physician, of a comprehensive physical examination of a scope prescribed by the State Health Commissioner performed within the 12 months prior to the date such pupil first enters such public kindergarten or elementary school; or
2. Records establishing that such pupil furnished such report upon prior admission to another school or school division and providing the information contained in such report.

If the pupil is a homeless child or youth as defined in Va. Code § 22.1-3, and for that reason cannot furnish the required report or records, and the person seeking to enroll the pupil furnishes to the school division an affidavit so stating and also indicating that, to the best of his knowledge, such pupil is in good health and free from any communicable or contagious disease, the school division immediately refers the student to the division's homeless liaison, who, as soon as practicable, assists in obtaining the necessary physical examination by the local health department or other clinic or physician's office and immediately admits the pupil to school.

The health care provider making a report of a physical examination shall, at the end of such report, summarize the abnormal physical findings, if any, and shall specifically state what, if any, conditions are found that would identify the child as handicapped.

Physical examination reports are placed in the child's health record at the school and made available for review by any employee or official of the Virginia Department of Health or any local health department at the request of such employee or official.

A physical examination is not required of any child whose parent or guardian objects on religious grounds and who shows no visible evidence of sickness. The parent or guardian shall state in writing that, to the best of his or her knowledge, the child is in good health and free from any communicable or contagious disease.

F. The health departments of the counties and cities of the Commonwealth conduct such required physical examinations for medically indigent children, upon request, without charge and may provide such examinations to others on such uniform basis as the departments establish.

Parents/guardians of students entering school shall complete a health information form as required by state law. Such forms shall be returned within 15 days of receipt unless reasonable extensions have been granted by the superintendent or superintendent's designee. Upon failure of the parent to complete such form within the extended time, the superintendent may send the parent written notice of the date he intends to exclude the child from school; however, no child who is a homeless child or youth as defined in subdivision 6 of Va. Code § 22.1-3 shall be excluded from school for such failure to complete such form.

Adopted: October 12, 2009
Revised: August 12, 2019

Legal References

• Code of Virginia, 1950, as amended, § 22.1 270.

Cross References

• JEC: School Admission
• JECA: Admission of Homeless Students

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JHCB: STUDENT IMMUNIZATIONS

No student is admitted by a school unless at the time of admission the student or the student's parent submits documentary proof of immunization as required by Va. Code §§ 22.1-271.2 and 32.1-46 to the admitting official of the school or unless the student is exempted from immunization as described below, or is a homeless child or youth as defined in Va. Code § 22.1-3.

If a student does not have documentary proof of immunization, the school will notify the student or the student's parent:

• that it has no documentary proof of immunization for the student;
• that it may not admit the student without proof unless the student is exempted, including any homeless child or youth as defined in Va. Code § 22.1-3;
• that the student may be immunized and receive certification by a licensed physician, physician assistant,  licensed nurse practitioner, registered nurse or an employee of a local health department; and
• how to contact the local health department to learn where and when it performs these services.

Any parent, guardian, or other person having control or charge of a child being home instructed or exempted or excused from school attendance shall comply with state immunization requirements provided in Va. Code § 22.1-271.4 and 32.1-46 in the same manner and to the same extent as if the child has been enrolled in and is attending school.

Conditional Enrollment

Any student whose immunizations are incomplete may be admitted conditionally if the student provides documentary proof at the time of enrollment of having received at least one dose of the required immunizations accompanied by a schedule for completion of the required doses within 90 calendar days. If the student requires more than two doses of hepatitis B vaccine, the conditional enrollment period will be 180 calendar days.

The immunization record of each student admitted conditionally is reviewed periodically until the required immunizations have been received.

Any student admitted conditionally who fails to comply with the student’s schedule for completion of the required immunizations will be excluded from school until the student’s immunizations are resumed.

Exemptions

No certificate of immunization is required for the admission to school of any student if:

• the student or the student’s parent submits an affidavit to the admitting official stating that the administration of immunizing agents conflicts with the student's religious tenets or practices; or
• the school has written certification from a licensed physician, physician assistant, licensed nurse practitioner, or local health department that one or more of the required immunizations may be detrimental to the student's health, indicating the specific nature and probable duration of the medical condition or circumstance that contraindicates immunization.

Homeless Pupils

If a student is a homeless child or youth as defined in Va. Code § 22.1-3 and

• does not have documentary proof of necessary immunizations or has incomplete immunizations and
• is not exempted from immunization,

the school division immediately admits such student and refers the student to the local school division homeless liaison who will assist in obtaining the documentary proof of, or completing, immunization.

Immunization Record

Every school records each student's immunizations on the school immunization record. The school immunization record is a standardized form provided by the Virginia Department of Health, which is a part of the mandatory permanent student record. Such record is open to inspection by officials of the Virginia Department of Health and the local health departments.

The school immunization record is transferred by the school whenever the school transfers any student's permanent academic or scholastic records.

Within 30 calendar days after the beginning of each school year or entrance of a student, each admitting official files a report with the local health department. The report is filed on forms prepared by the Virginia Department of Health and will state the number of students admitted to school with documentary proof of immunization, the number of students who have been admitted with a medical or religious exemption and the number of students who have been conditionally admitted, including those students who are homeless children or youth as defined in Va. Code § 22.1-3.

Revised: October 10, 2022

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-3, 22.1 271.2, 22.1-271.4, 32.1-46, 54.1-2952.2, 54.1-2957.02.

Cross References

• JEC: School Admission
• JECA: Admission of Homeless Students
• JO: Student Records
• LBD: Home Instruction

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JHCC: COMMUNICABLE DISEASES

The Smyth County School Board recognizes the importance of protecting its students and employees from the transmission of communicable diseases which present a threat to their health and safety, while also protecting the legitimate interests and rights of students and employees with communicable diseases. The School Board directs the superintendent to act in compliance with applicable law to exclude from school attendance or work in the school setting any person who has a communicable disease. Both the decision to remove the student or employee and the decision to readmit the student or to permit the employee to return to work shall are made by the superintendent based upon consultation with the local health department, the student's or employee's physician, physician assistant, nurse practitioner, and/or other medical authorities. (See policy JHCCA: Blood Borne Contagious or Infectious Diseases).

The identity of a student who has a communicable disease is kept confidential and revealed only in accordance with state law. An alternative educational program is made available to any student whose removal pursuant to this policy is expected to result in a prolonged absence from school or where otherwise required by law.

Administrative procedures concerning the exclusion of employees and students with communicable diseases are consistent with the requirements of law, including the policies of the Virginia Department of Education, and reflect current medical knowledge and research.

Adopted: March 14, 2011
Revised: August 10, 2015

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-254, 22.1 271.3, 22.1 272, 32.1-36.1, 54.1-2952.2, 54.1-2957.02.
• 8 VAC 20-131-180.

Cross References

• EBAB: Possible Exposure to Viral Infections
• EBBB: Personnel Training-Viral Infections
• IGBG: Homebound, Correspondence and Alternative Means of Instruction
• JHCCA: Blood Borne Contagious or Infectious Diseases

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JHCCA: BLOOD BORNE CONTAGIOUS OR INFECTIOUS DISEASES

The attendance at school of students who suffer from blood borne diseases which are infectious or contagious, such as AIDS and Hepatitis B, and which may be transmitted by the exchange of body secretions, is determined by the superintendent on a case-by-case basis. The superintendent obtains the advice of the local health department to assist with the determination. The student may be excluded from school and school-related functions pending the superintendent's decision. The superintendent issues regulations setting forth the procedures to be followed to effectuate this policy.

The identity of a student who has tested positive for human immunodeficiency virus is confidential in accordance with law.

An alternative educational program is made available to any student whose removal pursuant to this policy is expected to result in a prolonged absence from school or where otherwise required by law.

Training in the use of universal precautions for handling blood is conducted periodically in accordance with state and federal law. Universal precautions for handling blood are implemented within the school setting and on buses in accordance with state and federal law.

The School Board adopts guidelines for school attendance for children with human immunodeficiency virus. Such guidelines are consistent with the model guidelines for such school attendance developed by the Virginia Board of Education.

Adopted: October 14, 2013
Revised: August 12, 2019

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-271.3, 32.1-36.1, 32.1-45.2.
• Model Guidelines for School Attendance for Children with Human Immunodeficiency Virus (Attachment to Virginia Department of Education Superintendent's Memo #32 (Feb. 13, 2004)).

Cross References

• EBAB: Possible Exposure to Viral Infections
• EBBB: Personnel Training-Viral Infections
• IGBG: Off-Site Instruction and Virtual Courses
• JHCCA-E: Guidelines for School Attendance for Students with Human Immunodeficiency Virus

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JHCCA-E: GUIDELINES FOR SCHOOL ATTENDANCE FOR STUDENTS WITH HUMAN IMMUNODEFICIENCY VIRUS

The Smyth County School Board recognizes its dual obligations to protect the rights of individual students infected with human immunodeficiency virus (HIV) and to provide a safe environment for students, staff, and the public. Because HIV is not transmitted through casual contact, any student who is HIV-infected continues in a regular classroom assignment unless the student's health significantly interferes with the student's ability to benefit from the educational program.

Smyth County Public Schools works cooperatively with the local health department with regard to the school attendance of students infected with HIV. To enhance the school attendance of students who are HIV-infected, the school division collaborates with public and private organizations in the provision of support services to HIV-infected students.

All students are expected to satisfy the immunization requirements of Virginia Code § 22.1-271.2 unless a required immunization would be harmful to the health of the student. Students who are HIV-infected or have acquired immune deficiency syndrome (AIDS) may be exempted from obtaining immunizations which would otherwise be required. School personnel will cooperate with public health personnel regarding exemptions from the requirements.

Mandatory screening for HIV infection is not warranted as a condition of school attendance. Upon learning that a student is HIV-infected or has AIDS, the division superintendent may consult with the student's family, the student's family physician, or an official from the local department of health to determine whether the student is well enough to stay in school. If a change in the student's program is necessary because of the student's health, the superintendent or superintendent's designee will work with the student's family, family physician or local health official to develop an educational plan for the student.

Any school board employee or volunteer who has any information regarding a student's HIV-infected status treats that information as confidential. 

Despite the extremely remote risk that exposure of skin to blood could result in infection, the following universal precautions for handling blood are implemented within schools and on school buses:

• persons involved in cleaning surfaces exposed to blood and persons rendering first aid to bleeding students should wear disposable gloves to avoid exposure of open skin lesions and mucous membranes to blood;
• surfaces contaminated with blood should be promptly cleaned with household bleach (refer to Virginia Department of Health guidelines) using disposable towels and tissues;
• hands must be washed after gloves are removed;
• if one person's skin is exposed to the blood of another person, the exposed areas should be washed with soap and water.

Universal precautions do not apply to feces, nasal secretions, saliva, sputum, sweat, tears, urine, and vomitus unless they contain visible blood.

To ensure implementation of the proper procedures for all body fluids, training will be provided to all school personnel. Training includes information regarding the following: etiology, transmission, prevention, and risk reduction of HIV; standard procedures for handling blood and body fluids; community resources available for information and referral; and school division policies.

Comprehensive and age-appropriate instruction on the principal modes by which HIV is spread and the best methods for the reduction and prevention of AIDS will be provided.

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JHCD: ADMINISTERING MEDICINES TO STUDENTS

Self-Care and Self-Administration of Medication

• • • carry with him and use supplies, including a reasonable and appropriate short-term supply of carbohydrates, an insulin pump, and equipment for immediate treatment of high and low blood glucose levels, and
    • self-check his own blood glucose levels on school buses, on school property, and at school-sponsored activities.

Self-Administration of Asthma Medications and Auto-Injectable Epinephrine

• • Written parental consent that the student may self-administer inhaled asthma medications or auto-injectable epinephrine, or both, is on file with the school.
  • Written notice from the student’s health care provider is on file with the school, indicating the identity of the student, stating the diagnosis of asthma or anaphylaxis, or both, and approving self-administration of inhaled asthma medications or auto-injectable epinephrine, or both, that have been prescribed for the student; specifying the name and dosage of the medication, the frequency in which it is to be administered and the circumstances which may warrant its use; and attesting to the student’s demonstrated ability to
    safely and effectively self-administer the medication.
  • An individualized health care plan is prepared, including emergency procedures for any life-threatening conditions.
  • There is a consultation with the student’s parent before any limitations or restrictions are imposed on a student’s possession and self-administration of inhaled asthma medications and auto-injectable epinephrine, and before the permission to possess and self-administer inhaled asthma medications and
    auto-injectable epinephrine at any point during the school year is revoked.
  • Self-administration of inhaled asthma medications and auto-injectable epinephrine is consistent with the purposes of the Virginia School Health Guidelines and the Guidelines for Specialized Health Care Procedure Manual, which are jointly issued by the Virginia Department of Education and the Virginia Department of Health.
  • Information regarding the health condition of the student may be disclosed to school board employees in accordance with state and federal law governing the disclosure of information contained in student scholastic records.

Epinephrine

Albuterol Inhalers 

Regulation

Legal References

• Code of Virginia, as amended, §§ 22.1-78, 22.1-274.01:1, 22.1-274.2, 54.1-2952.2, 54.1-2957.02, 54.1-3408.
• Manual for Training Public School Employees in the Administration of Insulin and Glucagon (Virginia Department of Education Revised 2015)

Cross References

• EBBA: Emergency First Aid, CPR and AED Certified Personnel
• JHCE: Recommendation of Medication by School Personnel
• JO: Student Records

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JHCE: RECOMMENDATION OF MEDICATION BY SCHOOL PERSONNEL

School personnel are prohibited from recommending the use of psychotropic medications for any student. School health staff, classroom teachers, or other school professionals may recommend that a student be evaluated by an appropriate medical practitioner with the written consent of the student’s parent. In addition, school personnel may consult with a medical practitioner who is serving the student with the written consent of the student's parent.

For the purpose of this policy, "psychotropic medications" means those medications that are prescribed with the intention of altering mental activity or state, including, but not limited to, antipsychotic, antidepressant, and anxiolytic medication and behavior-altering medication.

Legal References

• Code of Virginia, 1950, as amended, § 22.1 274.3.

Cross References

• JHCD: Administering Medicine to Students

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JHCH: SCHOOL MEALS AND SNACKS

The Smyth County School Board recognizes that students need adequate, nourishing food in order to learn, grow and maintain good health.

Generally

To reinforce the division’s nutrition education program, foods sold during regular school hours on school premises will be

• carefully selected so as to contribute to students’ nutritional well-being and the prevention of disease;
• prepared in ways that will appeal to students, retain nutritive quality, and foster lifelong healthful eating habits; and
• served in age-appropriate quantities and at reasonable prices.

The Smyth County School Board promotes high-quality school meals and snacks by

• looking for opportunities to involve students in the selection, tasting, and marketing of healthy foods and beverages that appeal to students;
• providing a variety of food options, such as fruits, vegetables, whole grains, and dairy foods, which are low in fat and added sugars;
• offering a variety of healthy choices that appeal to students, including cultural and ethnic favorites; and
• ensuring that healthy snacks and foods are provided in vending machines, school stores, and other venues within the division’s control. The healthy options should cost the same or less than unhealthy alternatives.

The Smyth County School Board strives to provide an environment conducive to good health by

• allowing an adequate amount of time and space for students to eat school meals;
• scheduling lunch periods at reasonable hours around midday;
• ensuring that drinking fountains are operable, clean, and convenient for use throughout the school day;
• offering or supporting extracurricular physical activity programs;
• discouraging the promotion and advertising of unhealthy foods;
• using non-food items rather than food items such as candy, cakes, soda, and foods high in fat, as incentives and rewards for good behavior or academic performance; and
• encouraging parents to support the division’s nutrition education efforts by considering nutritional quality when selecting any snacks which they may donate for occasional class parties.

The Smyth County School Board supports nutrition education and physical education by

• ensuring that qualified nutrition education and physical education teachers focus on knowledge and skill development so students are able to learn and adopt healthy eating and physical activity behaviors;
• offering nutrition education in the school dining area(s) and in the classroom, with coordination between food service staff and teachers; and
• eliminating any stigma attached to, and preventing public identification of, students who are eligible for free and reduced-price meals.

Meals and Snacks

Meals and snacks offered as part of the National School Lunch Program or the School Breakfast Program meet, at a minimum, the requirements established by state and federal law and regulation.

Schools make potable water available and accessible without restriction to children at no charge in the place(s) where lunches are served during the meal service.

Definitions

“Competitive food” means all food and beverages other than meals reimbursed under programs authorized by the National School Lunch Act and the Child Nutrition Act of 1966 available for sale to students on the school campus during the school day.

“School campus” means all areas of the property under the jurisdiction of the school that are accessible to students during the school day.

“School day” means the period from the midnight before to 30 minutes after the end of the official school day.

All competitive food sold to students on the school campus during the school day meets the nutrition standards specified by federal and state law and regulation.

The Smyth County School Board is responsible for maintaining records that document compliance with this policy. Those records include receipts, nutrition labels and/or product specifications for the competitive food available for sale to students.

Adopted: December 8, 2014

Legal References

• 42 U.S.C. § 1758.
• 7 CFR 210.10.
• 7 CFR 210.11.
• Code of Virginia, 1950, as amended, § 22.1-78.

Cross References

• EFB: Free and Reduced Price Food Services
• IC/ID: School Year/School Day
• IGAE/IGAF: Health Education/Physical Education
• JHCF: Student Wellness
• JL: Fund Raising and Solicitation
• KQ: Commercial, Promotional, and Corporate Sponsorships and Partnerships

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JHCL/GBEF: LACTATION SUPPORT

The superintendent shall designate a non-restroom location in each school as an area in which any mother who is employed by the Smyth County School Board or enrolled as a student in the division may take breaks of reasonable length during the school day to express milk to feed her child until the child reaches the age of one. The area must be shielded from public view.

Adopted: July 31, 2014

Legal References

• Code of Virginia, 1950, as amended, § 22.1-79.6.

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JHDA: HUMAN RESEARCH

Surveys, analyses or evaluations conducted as part of any program which is funded by the United States Department of Education or is otherwise subject to policies and regulations promulgated by any agency of the federal government are conducted in accordance with Policy JOB Administration of Surveys and Questionnaires, 20 U.S.C. § 1232h, and the applicable federal regulations. All instructional materials, including teacher’s manuals, films, tapes, or other supplementary material which will be used in connection with any such survey, analysis, or evaluation will be available for inspection by the parents or guardians of the students involved.

Any other human research involving students must be approved and conducted under the review of a human research committee established by the school division or the school conducting the research. Such research will be conducted or authorized only after the student and the student’s parents or legally authorized representative give their informed consent, as evidenced by a signed and witnessed informed consent form in accordance with Va. Code § 32.1-162.18.

The human research committee will be composed of representatives of varied backgrounds to ensure the competent, complete, and professional review of human research activities. No member of the committee may be directly involved in the proposed human research or have administrative approval authority over the proposed human research except in connection with his responsibilities as a member of the committee. In deciding whether to approve proposed human research, the committee will consider the factors listed in Va. Code § 32.1-162.19.

Research or student learning outcomes assessments conducted in educational settings involving regular or special education instructional strategies, the effectiveness of or the comparison among instructional techniques, curricula, or classroom management methods, or the use of educational tests, whether cognitive, diagnostic, aptitude, or achievement, if the data from such tests are recorded in a manner so that subjects cannot be identified, directly or indirectly, are exempt from the requirements of this policy.

Definition: as used in this policy, "human research" means any systematic investigation, including research development, testing and evaluation, utilizing human subjects, that is designed to develop or contribute to generalized knowledge. "Human research" does not include research exempt from federal research regulation pursuant to 45 C.F.R. § 46.101(b).

Legal References

• 20 U.S.C. § 1232h.
• Code of Virginia, 1950, as amended, §§ 32.1-162.16, 32.1-162.17, 32.1-162.18, 32.1-162.19, 32.1-162.2

Cross References

• JOB: Administration of Surveys and Questionnaires
• IIAE: Innovative or Experimental Program

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JHH: SUICIDE PREVENTION

Duties of Teachers and Administrative Staff

Any person licensed as administrative or instructional personnel by the Board of Education and employed by the Smyth County School Board who, in the scope of the person's employment, has reason to believe, as a result of direct communication from a student, that such student is at imminent risk of suicide, contacts, as soon as practicable, at least one of such student's parents to ask whether such parent is aware of the student's mental state and whether the parent wishes to obtain or has already obtained counseling for such student. The superintendent is responsible for developing procedures for such contact that are in accordance with the guidelines developed by the Board of Education in cooperation with the Department of Behavioral Health and Developmental Services and the Department of Health as required by Va. Code § 22.1-272.1.

Abuse or Neglect

If the student has indicated that the reason for being at imminent risk of suicide relates to parental abuse or neglect, contact is not made with the parent. Instead, the staff person notifies, as soon as practicable, the local department of social services wherein the child resides or wherein the abuse or neglect is believed to have occurred or the state Department of Social Services' toll-free child abuse and neglect hotline as required by policy GAE Child Abuse and Neglect Reporting and Va. Code § 63.2-1509. When giving this notice to the local or state department, the person stresses the need to take immediate action to protect the child from harm.

Parental Review of Materials

Parents have the right to review any audio-visual materials that contain graphic sexual or violent content used in any anti-bullying or suicide prevention program. Prior to the use of any such material, the parent of a child participating in such a program is provided written notice of the parent’s right to review the material and the right to excuse the child from participating in the part of such program utilizing such material.

• Code of Virginia, 1950, as amended, §§ 22.1-207.1:1, 22.1-272.1 and 63.2-1509.

• GAE: Child Abuse and Neglect Reporting
• EB: School Crisis, Emergency Management, and Medical Emergency Response Plan
• EBB: Threat Assessment Teams

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JJAC: STUDENT-ATHLETE CONCUSSIONS DURING EXTRACURRICULAR ACTIVITIES

Smyth County Public Schools desires the safe return to activity for all student-athletes participating in extracurricular physical activities following an injury, but particularly after a concussion. The goal of this policy is to ensure (i) that coaches, school staff, volunteers, student-athletes, and their parents or guardian are aware of the short-term and long term effects of concussions; (ii) that concussed student-athletes are identified, removed from play immediately, and referred appropriately; and (iii) that concussed student-athletes are returned to play only after receiving appropriate medical care, given adequate time to heal, and are symptom free.

Concussion

A brain injury that is characterized by an onset of impairment of cognitive and/or physical functioning, and is caused by a blow to the head, face or neck, or a blow to the body that causes a sudden jarring of the head (i.e., a helmet to the head, being knocked to the ground). A concussion can occur with or without a loss of consciousness, and proper management is essential to the immediate safety and long-term future of the injured individual.

Licensed Health Care Provider

A physician, physician assistant, osteopath or athletic trainer licensed by the Virginia Board of Medicine; a neuropsychologist licensed by the Board of Psychology; or a nurse practitioner licensed by the Virginia State Board of Nursing.

Return-to-Learn

Instructional modifications that support a controlled, progressive increase in cognitive activities while the student recovers from a brain injury allowing the student-athlete to participate in classroom activities and learn without worsening symptoms and potentially delaying healing.

Return to Play

To participate in a non-medically supervised practice, game, or athletic competition.

1. Smyth County Schools Concussion Management Team ("CMT") shall be appointed by the Superintendent and shall consist of a school administrator, an athletic administrator, a licensed health care provider, a coach, a parent or guardian of a student-athlete, a student athlete, and any such other person the Superintendent determines will assist the CMT in its actions.
2. The CMT shall develop concussion training materials for school personnel, volunteers, student-athletes, and parents of student-athletes. Those materials may address the proper fitting and maintenance of helmets. The CMT shall also develop concussion reporting, management, and review protocols for the school division. The CMT shall maintain a record of all incidents where a student-athlete has been removed from a game, competition, or practice because he or she has been suspected of sustaining a concussion.
3. The CMT shall meet at least once per semester and shall evaluate the division's training materials, concussion reporting, management, and review protocols annually.

1. Every Coach, Assistant Coach, School Staff, Adult Volunteer, or other person serving in a coaching or advisory role over student-athletes during games, competitions, or practices shall receive training in the signs and symptoms of sports-related concussions, strategies to reduce the risk of concussions, how to seek proper medical treatment for concussions, and the process by which a concussed student-athlete may safely return to practice or competition. Each school and the CMT shall maintain a written record of the names and dates of completion for all persons completing the school’s concussion training.
2. Each school shall ensure that no person is allowed to coach or advise a student-athlete in any practice, game, or competition who has not completed the school's concussion training within the previous twelve months.

1. Prior to participating in any extracurricular physical activity, each student-athlete and the student-athlete's parent or guardian shall review concussion training materials developed by the CMT and sign a statement acknowledging receipt of such information. The concussion training materials shall describe the short- and long-term health effects of concussions.
2. The signed statements acknowledging the receipt of concussion training materials shall be valid for one calendar year and will satisfy the concussion training requirements for all of a student-athlete's extracurricular physical activities for a calendar year.

1. A student-athlete suspected by a student-athlete's coach, athletic trainer, or team physician of sustaining a concussion or brain injury in a practice, training, game, or competition shall be removed from the activity immediately, evaluated, and if necessary referred for further treatment. A student-athlete who has been removed from play, evaluated, and suspected to have sustained a concussion or brain injury shall not return to play that same day.
2. In determining whether a student-athlete removed from play is suspected of having sustained a concussion, an appropriate licensed health care provider or other properly trained individual shall evaluate the student-athlete at the time of removal utilizing a standardized concussion sideline assessment instrument (e.g., Sideline Concussion Assessment Tool (SCAT-II, SCAT-III, ChildSCAT3), the Standardized Assessment of Concussion (SAC), or the Balance Error Scoring System (BESS)).
3. The determination of whether a student-athlete removed from play is suspected of having sustained a concussion shall be the sole determination of the licensed health care provider or other properly trained individual conducting the concussion sideline assessment. Such determination is final and may not be overruled by another licensed health care provider or other properly trained individual, coach, assistant coach, school staff, or other person serving in a coaching or advisory role, the student-athlete, or the parent or guardian of the student-athlete.
4. The coach of a student-athlete may elect not to return the student-athlete to play, even if after the concussion sideline assessment it is determined that the student-athlete is no longer suspected of having sustained a concussion.

1. No student-athlete shall be allowed to return to extracurricular physical activities, which includes the student-athlete’s practices, training, games, or competitions, until the student presents a written medical release from the student-athlete’s licensed health care provider. The written medical release shall certify that (i) the provider is aware of the current medical guidance on concussion evaluation and management; (ii) the student-athlete no longer exhibits signs symptoms or behaviors consistent with a concussion at rest or with exertion; and (iii) that the student-athlete has successfully completed a progressive return to sports participation program. The length of progressive return to sports participation program shall be determined by the student-athlete’s licensed health care provider but should last a minimum of five calendar days from the time they are asymptomatic.
2. The coach of a student-athlete may elect not to allow a student-athlete to return to extracurricular physical activities, even after the production of written medical release from the student-athlete’s licensed health care provider, if the coach observes signs and symptoms of sports-related concussions. If the student-athlete’s coach makes such a decision, the coach shall communicate the observations and concerns to the student-athlete’s parent or guardian within one day of the decision not to allow such student-athlete to return to extracurricular physical activities.

1. School personnel shall be alert to cognitive and academic issues that may be experienced by a student who has suffered a concussion or other head injury, including (i) difficulty with concentration, organization, and long-term and short-term memory; (ii) sensitivity to bright lights and sounds; and (iii) short-term problems with speech and language, reasoning, planning, and problem solving.
2. School personnel shall accommodate the gradual return to full participation in academic activities by a student who has suffered a concussion or other head injury as appropriate, based on the recommendation of the student's licensed health care provider as to the appropriate amount of time that such student needs to be away from the classroom.

1. All helmets used in school physical activities must conform to the National Operations Committee on Standards for Athletic Equipment (NOCSAE) and certified as conforming by the manufacturer at the time of purchase.
2. Reconditioned helmets that have been purchased must be recertified as conforming to the NOCSAE by the reconditioner.

The school division may provide this policy and the Virginia Board of Education’s Guidelines for Policies on Concussions in Student-Athletes to organizations sponsoring athletic activity for student-athletes on school property. The school division does not enforce compliance with the policy or Guidelines by such organizations.

Adopted: August 1, 2011
Revised: July 31, 2014
Revised: August 10, 2015
Revised: July 11, 2016

• Code of Virginia, 1950, as amended, § 22.1-271.5, 22.1-271.6
• Virginia Board of Education Guidelines for Policies on Concussions in Student-Athletes (Adopted Jan. 22, 2015)

• KG: Community Use of School Facilities
• KGB: Public Conduct on School Property

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JJAF: STUDENT-ATHLETE SUDDEN CARDIAC ARREST

In order to participate in any extracurricular physical activity, each student-athlete and the student-athlete's parent or guardian must review, on an annual basis, information provided by the school division on symptoms that may lead to sudden cardiac arrest. After reviewing the materials, each student-athlete and the student athlete's parent or guardian must sign a statement acknowledging receipt of such information, in a manner approved by the Virginia Board of Education.

A student-athlete who is experiencing symptoms that may lead to sudden cardiac arrest must be immediately removed from play. A student-athlete who is removed from play shall not return to play until he is evaluated by and receives written clearance to return to physical activity by an appropriate licensed health care provider as determined by the Virginia Board of Education. The licensed health care provider evaluating student-athletes may be a volunteer.

The superintendent is responsible for developing, biennially reviewing, and updating procedures to implement this policy.1

• Code of Virginia, 1950, as amended, § 22.1-271.8.

JL: Fundraising and Solicitation

All fundraising activities conducted for the benefit of Smyth County Public Schools must provide an educational benefit to students and must not interfere with the instructional program. All fundraising activities conducted by school-sponsored organizations or clubs must be approved in advance by the principal. Fundraising refers to the raising of non-appropriated funds by students, parents or others for the educational benefit of students and their schools.

Students may participate in fundraising activities provided such activities are approved in writing and carefully monitored and regulated by the school principal or a designee. Door-to-door solicitation is prohibited for elementary school students and discouraged for middle and high school students. Students are not excused from class to participate in fundraising activities. No grade is affected by a student’s participation, or lack of participation, in a fundraising activity.

Each principal shall submit a list of fundraising activities for School Board approval. The superintendent may approve fundraisers when the activities are consistent with other School Board-approved fundraising activities and timing is not such that the fundraiser can be accomplished if it has to wait until the next School Board meeting. The principal will maintain a list of all approved fundraising activities and monitor their implementation.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78.

Cross References

• IIBEA/GAB: Acceptable Computer System Use
• IICA: Field Trips
• JHCF: Student Wellness
• KJ: Advertising in the Schools
• KGA: Sales and Solicitations in Schools
• KMA: Relations with Parent Organizations
• KQ: Commercial, Promotional, and Corporate Sponsorships and Partnerships

JM: RESTRAINT AND SECLUSION OF STUDENTS

1. Prevent a student from inflicting serious physical harm or injury to self or others;
2. Quell a disturbance;
3. Remove a student from the scene of a disturbance in which the student’s behavior or damage to property threatens serious physical harm or injury to persons;
4. Defend self or others from serious physical harm or injury; or
5. Obtain possession of controlled substances or paraphernalia or weapons or other dangerous objects that are upon the person of the student or within the student’s control.

• examples of the positive behavioral interventions and support strategies consistent with the student's rights to be treated with dignity and to be free from abuse that the school division uses to address student behavior, including the appropriate use of effective alternatives to physical restraint and seclusion;
• a description of initial and advanced training for school personnel that addresses appropriate use of effective alternatives to physical restraint and seclusion and the proper use of restraint and seclusion;
• a statement of the circumstances in which physical restraint and seclusion may be employed, which shall be no less restrictive than that set forth in 8 VAC 20-750-40 and 8 VAC 20-750-50;
• provisions addressing the
  • notification of parents regarding incidents of physical restraint or seclusion, including the manner of such notification;
  • documentation of the use of physical restraint and seclusion;
  • continuous visual monitoring of the use of any physical restraint or seclusion to ensure the appropriateness of such use and the safety of the student being physically restrained or secluded, other students, school
    personnel, and others. These provisions shall include exceptions for emergency situations in which securing visual monitoring before implementing the physical restraint or seclusion would, in the reasonable judgment of the school personnel implementing the physical restraint or seclusion, result in serious physical harm or injury to persons;
  • securing of any room in which a student is placed in seclusion. These provisions shall ensure that any seclusion room or area meet specifications for size and viewing panels that ensure the student's safety at all times, including during a fire or other emergency; and
  • the appropriate use and duration of seclusion based on the age and development of the student.

Legal References

• Code of Virginia, 1950, as amended, § 22.1-78, 22.1-279.1, 22.1-279.1:1.
• 8 VAC 20-750-40.
• 8 VAC 20-750-50.
• 8 VAC 20-750-70.

Cross References

• BF: Board Policy Manual
• CH: Policy Implementation
• EB: School Crisis, Emergency Management, and Medical Emergency Response Plan
• IGBA: Programs for Students with Disabilities
• JFC: Student Conduct
• JGA: Corporal Punishment
• JGDA: Disciplining Students with Disabilities
• JGDB: Discipline of Students with Disabilities for Infliction of Serious Bodily Injury
• KNAJ: Relations with Law Enforcement Authorities

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JN: STUDENT FEES, FINES, AND CHARGES

The School Board charges student fees and takes action to recover funds for the loss of or damage to School Board property in accordance with state and federal law.

The School Board provides, free of charge, such textbooks as are required for courses of instruction for each child attending public schools. Consumable materials such as workbooks, writing books, and drawing books may be purchased by the School Board and either provided to students at no cost or sold to students at a retail price not to exceed seven percent added to the publisher’s price. If sold, the School Board shall ensure that workbooks, writing books, and drawing books are furnished to students who are unable to afford them at a reduced price or free of charge. Fees are not charged to students for instructional materials, textbooks, or other materials used by a school board employee that are not directly used by a public school student.

Policy Regulation JN-R provides a list of fees charged to middle and high school students.

Fees may be charged for:

1. optional services such as parking or locker rental;
2. student-selected extracurricular activities;
3. class dues;
4. field trips or educationally-related programs that are not required instructional activities;
5. fees for musical instruments, as long as the instruction in the use of musical instruments is not part of the required curriculum;
6. distance learning classes for enrichment which are not necessary to meet the requirements for a diploma;
7. summer school, unless the classes are required for remediation as prescribed by the Standards of Quality;
8. overdue or lost or damaged library books;
9. lost or damaged textbooks;
10. consumable materials such as workbooks, writing books, drawing books and fine arts materials and supplies; however, workbooks, writing books, drawing books and fine arts materials and supplies must be furnished to students who are unable to afford them at a reduced price or free of charge; fees may not be charged to students for instructional materials, textbooks, or other materials that are not directly used by a public school student;
11. the behind-the-wheel portion of the driver's education program;
12. a fee not to exceed a student's pro rata share of the cost of providing transportation for voluntary extracurricular activities;
13. the portion of tuition and fees paid for by the school division for dual enrollment classes that is not reimbursed by the community college; and
14. the preparation and distribution of official paper copies of student transcripts; a reasonable number of copies of official paper copies must be provided for free before a charge is levied for additional official copies; official electronic copies of student transcripts must be provided for free.

Fees may not be charged:

1. as a condition of school enrollment, except for students who are not of school age or who do not reside within the jurisdiction;
2. for instructional programs and activities, or materials required for instruction, except as specified in by 8 VAC 20-720-80.H;
3. for textbooks or textbook deposits; however, a reasonable fee or charge for lost or damaged textbooks may be charged;
4. for pupil transportation to and from school; or
5. for summer school programs or other forms of remediation required by the Standards of Quality.

Fees may be reduced or waived for economically disadvantaged students and students whose families are undergoing economic hardships and are financially unable to pay them, including but not limited to, families receiving unemployment benefits or public assistance, including Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Supplemental Security Income (SSI) or Medicaid; foster families caring for children in foster care; and families that are homeless.

Each time a fee is charged, notice is given that a fee waiver may be requested. The notice includes directions as to how to apply for a waiver.

This policy is provided to parents annually and posted on the division's website.

The consequences for nonpayment of fees include exclusion from the activity related to the fee.

No student's report card, diploma or class schedule is withheld because of nonpayment of fees or charges. No student is suspended or expelled for nonpayment of fees or charges.

The school board may take action against a pupil or the pupil's parent for any actual loss, breakage, or destruction of or failure to return property, owned by or under the control of the school board, caused or committed by such pupil in pursuit of the pupil's studies. Such action may include seeking reimbursement from a pupil or pupil's parent for any such loss, breakage, or destruction of or failure to return school property.

Legal References

• Code of Virginia, 1950, as amended, §§ 8.01 43, 22.1-6, 22.1-243, 22.1-280.4.
• 8 VAC 20-720-80

Cross References

• ECAB: Vandalism
• IIA: Instructional Materials

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JN-R: STUDENT FEE LIST, FINES, AND CHARGES

The Smyth County School Board charges student fees in the following areas.

All schools may charge for field trips or educationally-related programs that are not required instructional activities (Ex. Summer enrichment). A fee may be charged at any grade level for lost or damaged textbooks. Students participating in band at any level of schooling may rent or purchase an instrument or purchase a method book.

Middle Schools

In addition middle school students repeating a high school credit course will be assessed a $100 tuition fee.

High Schools

Fees may be reduced or waived for economically disadvantaged students and students whose families are undergoing economic hardships and are financially unable to pay them, including but not limited to, families receiving unemployment benefits or public assistance, including Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), Supplemental Security Income (SSI) or Medicaid; foster families caring for children in foster care; and families that are homeless.

To request a fee waiver please provide a written note requesting the fee waiver. This should be provided to the principal of the building who will make the necessary arrangements with staff to have the fee waived.

The consequences for nonpayment of fees include exclusion from the activity related to the fee.

The school board may take action against a pupil or the pupil's parent for any actual loss, breakage, or destruction of or failure to return property, owned by or under the control of the school board, caused or committed by such pupil in pursuit of his studies. Such action may include seeking reimbursement from a pupil or pupil's parent for any such loss, breakage, or destruction of or failure to return school property.

Approved: August 12, 2013
Revised: July 31, 2014
Revised: July 29, 2019

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JO: STUDENT RECORDS

Generally

The Smyth County School Board shall maintain accurate and complete records for every student enrolled in the public schools in accordance with all federal and state laws.

The superintendent and/or his/her designee(s) shall be responsible for the collection of data, record maintenance and security, access to, and use of records, confidentiality of personally identifiable information, dissemination of information from records, and destruction of records, including the destruction of personally identifiable information regarding a student with a disability at the request of the parents. The superintendent shall also provide for notification of all school division personnel of policy and procedures for management of education records and notification of parents and students of their rights regarding student records, including the right to obtain, upon request, a copy of this policy.

Definitions

For the purposes of this policy, Smyth County Public Schools use the following definitions:

Authorized Representative

Any entity or individual designated by a state or local educational authority or an agency headed by an official listed in 34 CFR § 99.31(a)(3) to conduct, with respect to federal- or state-supported education programs, any audit or evaluation, or any compliance or enforcement activity in connection with federal legal requirements that relate to these programs.

Directory Information

Information contained in a student’s education record that would not generally be considered harmful or an invasion of privacy if disclosed. Directory information may include information such as the student’s name, address, telephone listing, electronic mail address, photograph, date and place of birth, major field of study, grade level, enrollment status, dates of attendance, participation in officially recognized activities and sports, weight and height of members of athletic teams, degrees, honors, and awards received, and the most recent educational institution attended. Directory information may not include the student’s social security number. Directory information may include a student identification number or other unique personal identifier used by a student for accessing or communicating in electronic systems if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a personal identification number, password, or other factor known or possessed only by the authorized user or a student ID number or other unique personal identifier that is displayed on a student ID badge, if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity such as a PIN or password or other factor known or possessed only by the authorized user.

Early Childhood Education Program

A Head Start program or an Early Head Start program, a state licensed or regulated child care program, or a program that serves children from birth through age six that addresses the children's cognitive, social, emotional, and physical development and is a state prekindergarten program, a program under section 619 or Part C of the Individuals with Disabilities Education Act, or a program operated by a local educational agency.

Education Program

Any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education Records

Any information recorded in any way including handwriting, print, computer media, video or audiotape, film, microfilm, and microfiche maintained by the Smyth County School Board or an agent of the school division which contains information directly related to a student, except:

• records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to another person except a temporary substitute for the maker of the record;
• records created and maintained for law enforcement purposes by the Smyth County School Board's law enforcement unit, if any. A law enforcement unit is any individual, office, department, or division of the school division that is authorized to enforce any local, state, or federal law, refer enforcement matters to appropriate authorities or maintain the physical security and safety of the school division;
• in the case of persons who are employed by the Smyth County School Board but who are not in attendance at a school in the division, records made and maintained in the normal course of business which relate exclusively to the person in his capacity as an employee;
• records created or received after an individual is no longer in attendance and that are not directly related to the individual's attendance as a student;
• grades on peer-graded papers before they are collected and recorded by a teacher; and
• any electronic information, such as email, even if it contains personally identifiable information regarding a student, unless a printed copy of the electronic information is placed in the student's file or is stored electronically under an individual student's name on a permanent and secure basis for the purpose of being maintained as an educational record. For purposes of this policy, electronic information that exists on a back-up server, a temporary archiving system, or on a temporary basis on a computer is not an education record and is not considered as being maintained.

Eligible Student

A student who has reached age 18.

Parent

A parent of a student, including a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian.

Student

Any person who is or has been in attendance at Smyth County Public Schools regarding whom the school division maintains education records or personally identifiable information.

Dissemination and Maintenance of Records About Court Proceedings

Adjudications

The superintendent shall disseminate the notice or information regarding an adjudication of delinquency or conviction for an offense listed in Va. Code § 16.1-260.G. contained in a notice received pursuant to Va. Code § 16.1-305.1, to school personnel responsible for the management of student records and to other relevant school personnel, including, but not limited to, the principal of the school in which the student is enrolled. The principal shall further disseminate such information to licensed instructional personnel and other school personnel who (1) provide direct educational and support services to the student and (2) have a legitimate educational interest in such information.

A parent, guardian, or other person having control or charge of a student and, with consent of a parent or in compliance with a court order, the court in which the disposition was rendered, shall be notified in writing of any disciplinary action taken with regard to any incident upon which the adjudication of delinquency or conviction for an offense listed in subsection G of Va. Code § 16.1-260 was based and the reasons therefor. The parent or guardian shall also be notified of his or her right to review, and to request an amendment of the student's scholastic record.

Every notice of adjudication of delinquency or conviction for an offense listed in subsection G of Va. Code § 16.1-260 received by a superintendent, and information contained in the notice, which is not a disciplinary record as defined in Board of Education regulations, shall be maintained by him and by any others to whom he disseminates it, separately from all other records concerning the student. However, if the school administrators or the school board takes disciplinary action against a student based upon an incident which formed the basis for the adjudication of delinquency or conviction for an offense listed in subsection G of Va. Code § 16.1-260, the notice shall become a part of the student's disciplinary record.

Any notice of disposition received pursuant to Va. Code § 16.1-305.1 shall not be retained after the student has been awarded a diploma or a certificate as provided in Va. Code § 22.1-253.13:4.

Petitions and Reports

The superintendent shall not disclose information contained in or derived from a notice of petition received pursuant to Va. Code § 66-25.2:1 except as follows:

• If the juvenile is not enrolled as a student in a public school in the division to which the notice or report was given, the superintendent shall promptly so notify the intake officer of the juvenile court in which the petition was filed or the Director of the Department which sent the report and may forward the notice of petition or report to the superintendent of the division in which the juvenile is enrolled, if known.
• Prior to receipt of the notice of disposition in accordance with Va. Code § 16.1-305.1, the superintendent may disclose the fact of the filing of the petition and the nature of the offense to the principal of the school in which the student is enrolled if the superintendent believes that disclosure to school personnel is necessary to ensure the physical safety of the student, other students or school personnel within the division. The principal may further disseminate the information regarding a petition, after the student has taken into custody, whether or not the child has been released, only to those students and school personnel having direct contact with the student and need of the information to ensure physical safety or the appropriate educational placement or other educational services.
• If the superintendent believes that disclosure of information regarding a report received pursuant to Va. Code § 66-25.2:1 to school personnel is necessary to ensure the physical safety of the student, other students, or school personnel, he may disclose the information to the principal of the school in which the student is enrolled. The principal may further disseminate the information regarding such report only to school personnel as necessary to protect the student, the subject or subjects of the danger, other students, or school personnel.

Protective Orders and Orders Prohibiting Contact with a Child

Any school principal who receives notice that a circuit court, general district court, juvenile and domestic relations district court, or magistrate has issued a protective order for the protection of any child who is enrolled at the school, or any other order prohibiting contact with such a child, notifies licensed instructional personnel and other school personnel who (i) provide direct educational or support services to the protected child or the child subject to the order, (ii) have a legitimate educational interest in such information, and (iii) are responsible for the direct supervision of the protected child or
the child subject to the order that such order has been issued.

Annual Notification

The school division shall annually notify parents and eligible students of their rights under the Family Educational Rights and Privacy Act (FERPA) including:

• the right to inspect and review the student's educational records and the procedure for exercising this right;
• the right to request amendment of the student's education records that the parent believes to be inaccurate, misleading or in violation of the student's privacy rights and the procedure for exercising this right;
• the right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent;
• the type of information designated as directory information and the right to opt out of release of directory information;
• that the school division releases records to other institutions that have requested the information and in which the students seeks or intends to enroll or is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer;
• the right to opt out of releasing the student's name, address, and phone number to military recruiters or institutions of higher education that request such information;
• a specification of the criteria for determining who constitutes a school official and what constitutes a legitimate educational interest; and
• the right to file complaints with the Family Policy Compliance Office in the United States Department of Education concerning the school division's alleged failure to comply with FERPA.

Procedure to Inspect Education Records

Parents of students or eligible students may inspect and review the student's education records within a reasonable period of time, which shall not exceed 45 days, and before any meeting regarding an IEP or hearing involving a student with a disability. Further, parents shall have the right to a response from the school division to reasonable requests for explanations and interpretations of the education record.

Parents or eligible students should submit to the principal of the student's school a written request which identifies as precisely as possible the record or records he or she wishes to inspect.

The principal (or appropriate school official) will make the needed arrangements for access as promptly as possible and notify the parent or eligible student of the time and place where the records may be inspected.

When a record contains information about students other than a parent's child or the eligible student, the parent or eligible student may not inspect and review the portion of the record which pertains to other students.

Copies of Education Records

Smyth County Public Schools will not provide a parent or eligible student a copy of the student's education record unless failure to do so would effectively prevent the parent or eligible student from exercising the right to inspect and review the records.

Fees for Copies of Records

The fee for copies will be .10 cents per page. The actual cost of copying time and postage will be charged as well. Smyth County Public Schools will not charge for search and retrieval of the records. Smyth County Public Schools shall not charge a fee for copying an Individualized Education Plan (IEP) or for a copy of the verbatim record of a hearing conducted in accordance with the State Board of Education's Regulations Governing Special Education Programs for Children with Disabilities in Virginia.

Types, Locations, and Custodians of Education Records

Smyth County Public School shall provide parents on request a list of the types and locations of education records collected, maintained, or used by the school division.

The following is a list of the types of records that Smyth County Public Schools maintain, their locations, and their custodians.

Disclosure of Education Records

Smyth County Public Schools shall disclose education records or personally identifiable information contained therein only with the written consent of the parent or eligible student subject to the following exceptions. The school division may disclose education record information without consent:

1. To school officials who have a legitimate educational interest in the records. A school official is:
   • A person employed by the School Board.
   • A person appointed or elected to the School Board.
   • A person employed by or under contract to the School Board to perform a special task, such as an attorney, auditor, medical consultant, or therapist.
   • A contractor, consultant, volunteer, or other party to whom the school division has outsourced services or functions for which the school division would otherwise use employees and who is under the direct control of the school division with respect to the use and maintenance of education records.
   A school official has a legitimate educational interest if the official is:
   • Performing a task that is specified in his or her position description or by a contract agreement.
   • Performing a task related to a student's education.
   • Performing a task related to the discipline of a student.
   • Providing a service or benefit relating to the student or student's family, such as health care, counseling, job placement, or financial aid.
2. To officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll or where the student is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer.
3. To certain officials of the U.S. Department of Education, the United States Attorney General, the Comptroller General, and state educational authorities, in connection with certain state or federally supported education programs and in accordance with applicable federal regulations.
4. In connection with a student's request for or receipt of financial aid as necessary to determine the eligibility, amount, or conditions of the financial aid, or to enforce the terms and conditions of the aid.
5. For the purpose of furthering the ability of the juvenile justice system to effectively serve the pupil prior to adjudication. The principal or his designee may disclose identifying information from a pupil's scholastic record to state or local law-enforcement or correctional personnel, including a law-enforcement officer, probation officer, parole officer or administrator, or a member of a parole board, seeking information in the course of his duties; an officer or employee of a county or city agency responsible for protective services to children, as to a pupil referred to that agency as a minor requiring investigation or supervision by that agency; attorneys for the Commonwealth, court services units, juvenile detention centers or group homes, mental and medical health agencies, state and local children and family service agencies, and the Department of Juvenile Justice and to the staff of such agencies. Prior to disclosure of any such scholastic records, the persons to whom the records are to be disclosed shall certify in writing to the principal or his designee that the information will not be disclosed to any other party, except as provided under state law, without the prior written consent of the parent of the pupil or by such pupil if the pupil is eighteen years of age or older.
6. To organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate or administer predictive tests; administer student aid programs; or improve instruction. The studies must be conducted in a manner that does not permit personal identification of parents and students by individuals other than representatives of the organization that have legitimate interests in the information. The information must be destroyed when it is no longer needed for the purposes for which the study was conducted. The School Board must enter into a written agreement with the organization conducting the study which:
   • specifies the purpose, scope, and duration of the study or studies and the information to be disclosed;
   • requires the organization to use personally identifiable information from education records only to meet the purpose or purposes of the study stated in the written agreement;
   • requires the organization to conduct the study in a manner that does not permit personal identification of parents and students by anyone other than representatives of the organization with legitimate interests; and
   • requires the organization to destroy all personally identifiable information when the information is no longer needed for the purposes for which the study was conducted and specifies the time period in which the information must be destroyed.
7. To accrediting organizations to carry out their functions.
8. To parents of an eligible student who claim the student as a dependent for income tax purposes.
9. To the entities or persons designated in judicial orders or subpoenas as specified in FERPA.
10. To appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. If the school division releases information in connection with an emergency, it will record the following information:
    • the articulable and significant threat to the health or safety of a student or other individuals that formed the basis for the disclosure; and
    • the parties to whom the division disclosed the information.
11. To an agency caseworker or other representative of a state or local child welfare agency or tribal organization who has the right to access a student’s case plan when such agency or organization is legally responsible for the care and protection of the student.
12. Directory information so designated by the school division.
13. 12. When the disclosure concerns sex offenders and other individuals required to register under section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14071, and the information was provided to the division under 42 U.S.C. § 14071 and applicable federal guidelines.

The school division will use reasonable methods to identify and authenticate the identity of parents, students, school officials, and any other parties to whom it discloses personally identifiable information from education records.

Unauthorized Disclosure of Electronic Records

In cases in which electronic records containing personally identifiable information are reasonably believed to have been disclosed in violation federal or state law applicable to such information, the school division shall notify, as soon as practicable, the parent of any student affected by such disclosure, except as otherwise provided in Va. Code §§ 32.1-127.1:05 or 18.2-186.6. Such notification shall include the (i) date, estimated date, or date range of the disclosure; (ii) type of information that was or is reasonably believed to have been disclosed; and (iii) remedial measures taken or planned in response to the disclosure.

Disclosure to Federal Agencies

Notwithstanding any other provision of law or policy, no member or employee of the Smyth County School Board will transmit personally identifiable information, as that term is defined in FERPA and related regulations, from a student's record to a federal government agency or an authorized representative of such agency except as required by federal law or regulation.

Disclosure of Information Relating to Home Instructed Students

Neither the superintendent nor the School Board shall disclose to the Virginia Department of Education or any other person or entity outside of the local school division information that is provided by a parent or student to satisfy the requirements of Policy LBD Home Instruction or subdivision B 1 of Va. Code § 22.1-254. However, the superintendent or School Board may disclose, with the written consent of a student’s parent, such information to the extent provided by the parent’s consent. Nothing in this policy prohibits the superintendent from notifying the Superintendent of Public Instruction of the number of students in the school division receiving home instruction.

Audit or Evaluation of Education Programs

Authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the federal Secretary of Education, and state and local educational authorities may have access to education records in connection with an audit or evaluation of federal- or state-supported education programs, or for the enforcement of or compliance with federal legal requirements that relate to those programs.

Any authorized representative other than an employee must be designated by a written agreement which:

• designates the individual or entity as an authorized representative;
• specifies the personally identifiable information to be disclosed, specifies that the purposes for which the personally identifiable information is disclosed to the authorized representative is to carry out an audit or evaluation of federal- or state-supported education programs, or to enforce or comply with federal legal requirements that relate to those programs; and specifies a description of the activity with sufficient specificity to make clear that the work falls within the exception of 34 CFR § 99.31(a)(3) including a description of how the personally identifiable information will be used;
• requires the authorized representative to destroy personally identifiable information when the information is no longer needed for the purpose specified;
• specifies the time period in which the information must be destroyed; and establishes policies and procedures, consistent with FERPA and other federal and state confidentiality and privacy provisions, to protect personally identifiable information from further disclosure and unauthorized use, including limiting use of personally identifiable information to only authorized representatives with legitimate interests in the audit or evaluation of a federal- or state-supported education program or for compliance or enforcement of federal legal requirements related to such programs.

Military Recruiters and Institutions of Higher Learning

Smyth County Public Schools provides, on request made by military recruiters or an institution of higher education, access to secondary school students' names, addresses, and telephone listings unless a parent or eligible student has submitted a written request that the student's name, address and telephone listing not be released without the priot written consent of the parent or eligible student.

The school division notifies parents of the option to make a request and complies with any request.

The school division provides military recruiters the same access to students as is provided generally to post-secondary educational institutions or to prospective employers of those students.

Record of Disclosure

Smyth County Public Schools maintain a record, kept with the education records of each student, indicating all individuals (except school officials who have a legitimate educational interest in the records), agencies, or organizations which request or obtain access to a student's education records. The record will indicate specifically the legitimate interest the party had in obtaining the information. The record of access will be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations which audit the operation of the system.

The requirements related to records of disclosure stated above do not apply to disclosures made pursuant to an ex parte order issued by a court at the request of the United States Attorney General (or any Federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General) seeking to collect education records relevant to an authorized investigation or prosecution of international terrorism as defined in 18 U.S.C. § 2331 or other acts listed in 18 U.S.C. § 2332b(g)(5)(B).

Personal information will only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party permits access to information, or fails to destroy information, the division will not permit access to information from education records to that third party for a period of at least five years.

Directory Information

The Smyth County School Board notifies parents and eligible students at the beginning of each school year what information, if any, it has designated as directory information, the right to refuse to let the division designate any or all of such information as directory information, and the period of time to notify the division, in writing, that he or she does not want any or all of those types of information designated as directory information. The notice may specify that disclosure of directory information will be limited to specific parties, for specific purposes, or both. If the School Board specifies that disclosure of directory information will be so limited, the disclosures of directory information will be limited to those specified in the public notice.

No school discloses the address, telephone number, or email address of a student pursuant to the Virginia Freedom of Information Act unless the parent or eligible student affirmatively consents in writing to such disclosure. Except as required by state or federal law, no school discloses the address, telephone number, or email address of a student pursuant to 34 C.F.R. § 99.31(a)(11) unless (a) the disclosure is to students enrolled in the school or to school board employees for educational purposes or school business and the parent or eligible student has not opted out of such disclosure in accordance with Virginia law and this policy or (b) the parent or eligible student has affirmatively consented in writing to such disclosure.

Parents and eligible students may not use the right to opt out of directory information disclosures to 1) prevent disclosure of the student's name, identifier, or institutional email address in a class in which the student is enrolled; or 2) prevent an educational agency or institution from requiring the student to wear, to display publicly, or to disclose a student ID card or badge that exhibits information designated as directory information and that has been properly designated as directory information.

• Name of the student in attendance or no longer in attendance
• Address
• Date and place of birth
• Telephone listing
• Date of attendance
• Participation in officially recognized activities and sports
• Height and weight, if member of athletic team
• Major fields of study
• Degrees, honors, and awards received
• Photograph
• Grade level
• Most recent educational agency or institution attended
• Other similar information

Correction of Education Records

The procedures for the amendment of records that a parent or eligible student believes to be inaccurate are as follows.

1. Parents or the eligible student must request in writing that Smyth County Public Schools amend a record. In so doing, they should identify the part of the record they want changed and specify why they believe it is inaccurate, misleading or in violation of the student's privacy or other rights.
2. Smyth County Public Schools will decide whether to amend the record in accordance with the request within a reasonable period of time. If it decides not to comply, the school division will notify the parents or eligible student of the decision and advise them of their right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student's rights.
3. Upon request, Smyth County Public Schools will arrange for a hearing, and notify the parents or eligible student, reasonably in advance, of the date, place, and time of the hearing. The hearing will be held within a reasonable period of time after the request.
4. The parent or eligible student may, at his or her own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney.
5. The hearing will be conducted by a hearing officer who is a disinterested party; however, the hearing officer may be an official of the school division. The parents or eligible student will be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student's education records in accordance with FERPA.
6. Smyth County Public Schools will prepare a written decision which will include a summary of the evidence presented and the reasons for the decision within a reasonable period of time after the hearing. The decision will be based solely on the evidence presented at the hearing.
7. If Smyth County Public Schools decides that the information is inaccurate, misleading, or in violation of the student's right of privacy, it shall amend (including expungement) the record and notify the parents or eligible student, in writing, that the record has been amended.
8. If Smyth County Public Schools decides that the challenged information is not inaccurate, misleading, or in violation of the student's right of privacy, it will notify the parents or eligible student that they have a right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision. The statement will be maintained as part of the student's education records as long as the contested portion is maintained and disclosed whenever the school division discloses the portion of the record to which the statement relates.

Confidentiality of HIV and Drug and Alcohol Treatment Records

Smyth County Public Schools shall comply with the confidentiality requirements of Va. Code § 32.1-36.1, providing for the confidentiality of records related to any test for Human Immunodeficiency Virus (HIV). In addition, the school division maintains confidentiality of drug and alcohol treatment records as required by federal and state law.

Legal References

• 18 U.S.C. §§ 2331, 2332b.
• 20 U.S.C. §§1232g, 7908.
• 42 U.S.C. § 290dd-2.
• 34 C.F.R. 99.3, 99.7, 99.10, 99.20, 99.21, 99.22, 99.31, 99.32, 99.33, 99.34, 99.35, 99.36, 99.37.
• Code of Virginia, 1950, as amended, §§ 2.2-3704, 2.2-3804, 16.1-260, 16.1-305.1, 16.1-305.2, 22.1-254.1, 22.1-287, 22.1-287.01, 22.1-287.02, 22.1-287.1, 22.1-288, 22.1-288.1, 22.1-288.2, 22.1-289, 23.1-405, 32.1-36.1.

Cross References

• IJ: Guidance and Counseling Program
• JEC: School Admission
• JEC-R: School Admission
• JECA: Admission of Homeless Children
• JFC: Student Conduct
• JGDA: Disciplining Students with Disabilities
• JGD/JGE: Student Suspension/Expulsion
• JHCB: Student Immunizations
• JHCD: Administering Medicines to Students
• JRCA: School Service Providers’ Use of Student Personal Information
• KBA-R: Requests for Information
• KBC: Media Relations
• KNB: Reports of Missing Children
• KP: Parental Rights and Responsibilities
• LBD: Home Instruction
• LEB: Advanced/Alternative Courses for Credit

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JOA: STUDENT TRANSCRIPTS

Generally

Secondary school transcripts contain information as specified by the Virginia Board of Education.

Test Record

The superintendent is responsible for establishing a procedure by which parents, guardians or others with legal control of a student can elect in writing to have the student's test record excluded from the student transcript. The test record includes at least the highest score earned, if applicable, on college performance-related standardized tests such as SAT and ACT, excluding Standards of Learning (SOL) test scores.

High School Credit-Bearing Courses Taken in Middle School

For any high school credit-bearing course taken in middle school, parents may request that grades be omitted from the student's transcript and the student not earn high school credit for the course. The superintendent specifies, by regulation, the deadline and procedure for making such a request. Notice of this provision is provided to parents.

Legal References

• Code of Virginia, 1950, as amended, 22.1-16, 22.1-23.3, 22.1-253. 13:3.
• 8 VAC 20-131-90
• 8 VAC 20-160-30

Cross References

• JO: Student Records

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JP: STUDENT PUBLICATIONS

Definition of Official School Publications

Official school publications such as newspapers, yearbooks, and literary magazines may be prepared in regularly scheduled classes and are components of the curriculum approved by the School Board. These publications are not intended to provide a public forum for students or the general public.With regards to these publications, the School Board is the publisher, the principal is the editor, the faculty sponsor is the co-editor, and students appointed by the co-editor may serve as assistant editors and journalists.

Responsibilities of Student Editors and Journalists

Student assistant editors and journalists are responsible for preparing and writing factual material that is not obscene, defamatory, or an invasion of privacy or that:

• is reasonably foreseeable to lead to the substantial disruption of school activities or to endanger the health or safety of students or staff;
• advocates the commission of an unlawful act or the violation of a lawful school policy or regulation;
• advertises or advocates illegal products or services; or
• which advocates prejudice, hatred, violence, discrimination, or harassment 

Responsibilities of Student Publications Faculty Co-Editor

Faculty members shall instruct students in correct and appropriate journalistic techniques and consult with the principal, who is the editor, on material that may violate the law or could be deemed unethical. Material that may be considered controversial by some members of the school community should be carefully considered by students and the faculty editor, and brought to the attention of the principal.

Responsibilities of the School Principal

The school principal is responsible for approving all publications in accordance with School Board policy and the principal's judgement and discretion.

Legal References

• Hazelwood School Dist. v. Kuhlmeier, 484 U.S. 261, 108 S. Ct. 562, 98 L.Ed.2d 592 (1988).

Cross References

• AC: Nondiscrimination
• GB: Equal Employment Opportunity/Nondiscrimination
• GBEC/JFCH/KGC: Tobacco Products and Nicotine Vapor Products
• JB: Equal Educational Opportunities/Nondiscrimination
• JFC: Student Conduct
• JFC-R: Standards of Student Conduct
• JFHA/GBA: Prohibition Against Harassment and Retaliation

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JRCA: SCHOOL SERVICE PROVIDERS’ USE OF STUDENT PERSONAL INFORMATION

Definitions

For the purposes of this policy:

"Elementary and secondary school purposes" means purposes that (i) customarily take place at the direction of an elementary or secondary school, elementary or secondary school teacher, or school division; (ii) aid in the administration of school activities, including instruction in the classroom or at home; administrative activities; and collaboration between students, school personnel or parents; or (iii) are otherwise for the use and benefit of an elementary or secondary school.

“Machine-readable format” means a structured format that can automatically be read and processed by a computer such as comma-separated values (CSV), JavaScript Object Notation (JSON) or Extensible Markup Language (XML, “Machine-readable format” does not include portable document format (PDF).

"Personal profile" does not include account information that is collected and retained by a school service provider and remains under control of a student, parent or elementary or secondary school.

"School-affiliated entity" means any private entity that provides support to the school division or a public elementary or secondary school. "School-affiliated entity" includes alumni associations, booster clubs, parent-teacher associations, parent-teacher-student associations, parent-teacher organizations, public education foundations, public education funds and scholarship organizations.

"School service" means a website, mobile application or online service that (i) is designed and marketed primarily for use in elementary or secondary schools; (ii) is used (a) at the direction of teachers or other employees at elementary or secondary schools or (b) by any school-affiliated entity; and (iii) collects and maintains, uses or shares student personal information. "School service" does not include a website, mobile application or online service that is (a) used for the purposes of college and career readiness assessment or (b) designed and marketed for use by individuals or entities generally, even if it is also marketed for use in elementary or secondary schools.

"School service provider" means an entity that operates a school service pursuant to a contract with the school division.

"Student personal information" means information collected through a school service that identifies a currently or formerly enrolled individual student or is linked to information that identifies a currently or formerly enrolled individual student.

"Targeted advertising" means advertising that is presented to a student and selected on the basis of information obtained or inferred over time from such student's online behavior, use of applications, or sharing of student personal information. "Targeted advertising" does not include advertising (i) that is presented to a student at an online location (a) on the basis of such student's online behavior, use of applications or sharing of student personal information during his current visit to that online location or (b) in response to that student's request for information or feedback and (ii) for which a student's online activities or requests are not retained over time for the purpose of subsequent advertising.

Required Contract Terms

The contract between a school service provider and the School Board shall require the school service provider

• to provide clear and easy-to-understand information about the types of student personal information it collects through any school service and how it maintains, uses or shares such student personal information;
• to maintain a policy for the privacy of student personal information for each school service and provide prominent notice before making material changes to its policy for the privacy of student personal information for the relevant school service;
• to maintain a comprehensive information security program that is reasonably designed to protect the security, privacy, confidentiality and integrity of student personal information and makes use of appropriate administrative, technological and physical safeguards;
• to facilitate access to and correction of student personal information by each student whose student personal information has been collected, maintained, used or shared by the school service provider, or by such student's parent, either directly or through the student's school or teacher;
• to collect, maintain, use and share student personal information only with the consent of the student or, if the student is less than 18 years of age, his parent or for the purposes authorized in the contract between the School Board and the school service provider;
• when it collects student personal information directly from the student, to obtain the consent of the student or, if the student is less than 18 years of age, his parent before using student personal information in a manner that is inconsistent with its policy for the privacy of student personal information for the relevant school service, and when it collects student personal information from an individual or entity other than the student, to obtain the consent of the school division before using student personal information in a manner that is inconsistent with its policy for the privacy of student personal information for the relevant school service;
• to require any successor entity or third party with whom it contracts to abide by its policy for the privacy of student personal information and comprehensive information security program before accessing student personal information; and
• to require that, upon the request of the school or School Board, the school service provider will delete student personal information within a reasonable period of time after such request unless the student or, if the student is less than 18 years of age, his parent consents to the maintenance of the student personal information by the school service provider; and
• to provide, either directly to the student or his parent or through the school, access to an electronic copy of such student’s personal information in a manner consistent with the functionality of the school service. Contracts between local school boards and school service providers may require that such electronic copy be in a machine-readable format.

The contract will also prohibit the school service provider from knowingly

• using or sharing any student personal information for the purpose of targeted advertising to students;
• using or sharing any student personal information to create a personal profile of a student other than for elementary and secondary school purposes authorized by the school division, with the consent of the student or, if the student is less than 18 years of age, his parent, or as otherwise authorized in the contract between the school division and the school service provider; or
• selling student personal information except to the extent that such student personal information is sold to or acquired by a successor entity that purchases, merges with or otherwise acquires the school service provider

Nothing in this policy shall be construed to prohibit school service providers from

• using student personal information for purposes of adaptive learning, personalized learning or customized education;
• using student personal information for maintaining, developing, supporting, improving or diagnosing the school service;
• providing recommendations for employment, school, educational or other learning purposes within a school service when such recommendation is not determined in whole or in part by payment or other consideration from a third party;
• disclosing student personal information to (i) ensure legal or regulatory compliance, (ii) protect against liability or (iii) protect the security or integrity of its school service; or
• disclosing student personal information pursuant to a contract with a service provider, provided that the school service provider (i) contractually prohibits the service provider from using any student personal information for any purpose other than providing the contracted service to or on behalf of the school service provider, (ii) contractually prohibits the service provider from disclosing any student personal information provided by the school service provider to any third party unless such disclosure is permitted by Va. Code § 22.1-289.01(B)(7) and (iii) requires the service provider to comply with the requirements set forth Va. Code § 22.1-289.01(B) and the prohibitions set forth in Va. Code § 22.1-289.01(C).

Nothing in this policy shall be construed to:

• impose a duty upon a provider of an electronic store, gateway, marketplace, forum or means for purchasing or downloading software or applications to review or enforce compliance with this policy with regard to any school service provider whose school service is available for purchase or download on such electronic store, gateway, marketplace, forum or means;
• impose liability on an interactive computer service, as that term is defined in 47 U.S.C. § 230(f), for content provided by another individual; or
• prohibit any student from downloading, exporting, transferring, saving or maintaining his personal information, data or documents.

Adopted: July 11, 2016

Legal Refs:

• Code of Virginia, 1950, as amended, § 22.1-289.01.

Cross References

• ET: Educational Technology Foundation and Public School Foundations
• JO: Student Records
• KMA: Relations with Parent Organizations

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JZ: DRESS CODE

The Smyth County School Board prohibits dressing in such a way as to present a health or safety problem or disrupt the educational process. Students should dress with pride, self-respect, and decency in mind.

Student dress and grooming are important issues in creating a safe and orderly educational environment. The responsibility for establishing an environment conducive to learning is the shared responsibility of the parent and student in the selection of his or her appropriate apparel and the school administration for the enforcement of the Smyth County Schools Dress Code. Since children learn by example, parents are asked to abide by these standards of dress when they enter the school.

1. The hem of shorts and skirts shall extend at least beyond the mid-thigh.
2. Garments which display indecent or culturally offensive pictures or slogans, alcohol, drugs and tobacco advertisements, obscenities and undesirable slogans which convey vulgarity or sexually suggestive messages will not be permitted.
3. Necklines for female students shall be high enough to conceal any cleavage. Cut-away or see-through shirts and blouses are not appropriate unless another shirt is worn under them. Shirts must cover the abdomen and back at all times regardless of movement, standing or bending.
4. Tank-style sundresses, tank-style shirts, and muscle shirts may only be worn either over or under a shirt with sleeves. All sleeveless garments must come to at least the edge of the shoulder; administrators will treat each case individually in applying this standard.
5. Clothing must be clean and in good repair. Holes in clothes may not be above mid-thigh. Holes and/or sheers above mid-thigh that expose skin or undergarments are not permitted.
6. No outer garment shall be worn which reveals undergarments. All pants must be worn at the waistline. Pants shall be worn with both legs rolled down.
7. Jewelry must be appropriate for school and not present a safety hazard. Spiked collars, spiked wristbands, chains or other jewelry or accessories which could pose a threat to student safety is not permitted.
8. No hats, caps, or scarves shall be worn as headwear in the building. Bandanas shall not be permitted on school premises.
9. Sunglasses shall not be worn in the building unless prescribed by a doctor.
10. Shoes shall be worn at all times. Footwear with wheels is not permitted.

Student Dress Code at Special Activities

Administrators may suspend portions of the dress code and allow students to wear other appropriate attire at special activities. Such activities include but are not limited to: field days, field trips, and athletic, physical education, cheerleading, and band activities. Administrators may also declare certain school days as "theme" days and suspend portions of the dress code at their discretion.

Administrators have the authority to determine the appropriateness of any apparel or accessory. In some classes, such as Career and Technical Education classes, dress may be more restrictive in order to protect the safety of the student.

Adopted: August 8, 2011

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JZA: EARLY RELEASE

Students who have obtained senior status and meet all requirements for graduation may be eligible for early release. Students may request early release for the following reasons:

1. To pursue employment
2. To participate in job shadowing or apprenticeship experiences
3. To perform community service, and/or
4. To take classes in pursuit of higher education.

Students seeking early release must secure parental permission, meet with a school counselor to discuss the various alternatives available if they remain in school, and secure initial approval from the school's principal. Each student's request will be evaluated on an individual basis with final approval granted by the superintendent.

Students who are granted an early release must continue to (1) maintain employment, (2) continue their job shadowing or apprenticeship experience, (3) continue to perform community services, and/or (4) be enrolled in higher education classes throughout their senior year of school. Proof of continuation of these options may be requested, and students not maintaining their commitments will be required to return to school with a full schedule for the following semester.

Adopted: October 10, 2011

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JZB: SCHOOL ASSIGNMENTS

School attendance areas for each school are established by the Smyth County School Board. Students will attend the school designated by the School Board to serve the attendance zone in which the student resides. The exceptions are provided below:

1. Instructional Suitability: Students may be reassigned to a school other than their regular school of assignment at the discretion of the school division for the purpose of providing students a more appropriate instructional program that better meets their individual educational needs and in accordance with established policies. Special programs, such as special education, have separate procedures for the placement of students. Students reassigned due to instructional suitability are entitled to transportation services provided by the school division according to established transportation policies and procedures, unless specified otherwise.
2. Special Permission: A parent or legal guardian may make a written request for their child to attend a school outside of the attendance area designated by special permission of the school division. The special permission is for one academic year and parents may reapply each subsequent year. Documentation substantiating the reason for the request may be required. The conditions for approval are:
   1. Sufficient capacity exists at that school (or grade level in the case of elementary schools, or in special education programs or classes at any school level) for the student to do so without causing or exacerbating overcrowding or an overflow situation, or potentially incurring additional cost to the school division;
   2. An appropriate instructional program is available at that school to adequately meet the student's educational needs as determined by the school division;
   3. Special permission is contingent upon the student maintaining regular attendance, good behavior, good grades, and being in compliance with school rules and regulations;
   4. The student's transfer between schools occurs prior to the start of the school year (no mid-year transfers, except for new employee hires under paragraph 2(G)(ii), or if the school division determines a need to do so);
   5. There is a commitment of the student's parent or legal guardian to provide a means of reliable transportation for the student to and from the school, as transportation of the student will not be provided by the school division;
   6. Identifying and evaluating all other ramifications of changing schools by special permission is the responsibility of the parent or guardian prior to submitting a request. Ramifications may include, but are not limited to, changes in future-year capacity that precludes renewal of the request for special permission and certain athletic or league participation restrictions. For example, athletic eligibility is determined by the Virginia High School League (VHSL) rules that are based upon the school enrollment for a new ninth grade student. Under VHSL rules, subsequent student-requested transfers (or returning to a regular school of assignment) will generally result in 365 days of ineligibility unless there is an actual corresponding change of residence of the parents or guardian. For transfers required by the school division, waivers for these restrictions may be considered by the division superintendent in accordance with VHSL rules. Parents or guardians are responsible for understanding all potential repercussions of changing schools by special permission; and
   7. An appropriate written request must be submitted by the parent or legal guardian of the student. The letter shall give complete particulars on the reasons for the requested assignment and other conditions as stated in this policy. The following information applies to special permission applications:
      1. Applications for special permission may be submitted beginning on April 1 through June 15 for students to transfer the subsequent school year.
      2. Smyth County Public Schools employees who reside in the county and who are parents of school-age students may apply for special permission for their children within 30 calendar days of being hired and/or annually, beginning on March 1, provided that the request is for transfer to the school where the parent is employed or to the appropriate school in the feeder pattern in which the employee works.
      3. Special permission requests will be processed in the order in which they are received.
      4. Official determinations on special permission requests will be provided to the parent or legal guardian as soon as possible and preferably by July 1 except for Kindergarten which may be close to the start of the school year.
      5. Special permission requests will be granted for one academic year only. In order for a student to remain at a school by special permission, a new request must be submitted and approved and subject to the same conditions of this policy.
      6. Notwithstanding the school capacity determinations, nothing in this sections shall be interpreted to limit the discretion of the school division to allow the children of employees to enroll and attend the school or feeder pattern where the parent or guardian works.
      7. The following are reasons for which a request may be made for an attendance area change:
         1. If a parent or legal guardian can show there is an extreme economic hardship caused by the school assignment.
         2. The necessary childcare for a student is provided within a different attendance area. This is not applicable for high school students.
         3. Health and safety of a student.
         4. The parent or legal guardian is a contracted employee of the school division and the request is to attend the school the employee works or within the feeder pattern of the school where the employee works.
         5. The parent or legal guardian who is in the process of buying, building, renting, or leasing a home in an attendance area other than the one in which they presently reside may be considered for special permission. Proof of such move is typically required. This will only be granted for one academic year except in extreme circumstances.
         6. Other extraordinary circumstances may be considered on a case by case basis. The parent or legal guardian is responsible for providing all necessary documentation that is requested.
3. In-County Residence Change: A student whose residence changes from one school attendance area to another within the county during the school year may, upon request of the parent or guardian, complete the school year in the school which the student was originally enrolled, provided that the parent or guardian provides any necessary transportation to and from school. In addition, the approval is contingent upon the student maintaining regular attendance, good behavior, good grades, and being in compliance with school rules and regulations. Students who are classified as high school juniors and seniors when the relocation occurs may finish high school in their original school, subject to an approved letter requesting such enrollment from a parent or guardian and provided that the parent, guardian, or student provides any necessary transportation to and from school.
4. Relieving Overcrowding: Students may be reassigned to a school other than their regular school of assignment at the discretion of the school division for the purpose of relieving overcrowding (also called overflow), if the regular school of assignment or a particular grade level at an elementary school of assignment is overcrowded. In such a situation, the student may be reassigned to another school in which suitable capacity exists, with transportation provided by the school division. Effort will be made to reassign an overflow student to the closest possible school with suitable capacity, and to return the student to his or her regular school of assignment at the start of the next school year in which the overcrowding situation no longer exists at the regular school of assignment.

The following order of priority will be used to determine student school assignments during or immediately following overcrowding situations:

1. Students remaining within their regular school of assignment;
2. Students transferring from an overflow school of assignment to their regular school of assignment;
3. Students remaining at the overflow school of assignment who would be doing so by special permission (without transportation provided by the school division);
4. Incoming/new students with siblings already attending or returning to the school. If that school would be the overflow school of assignment for the sibling, then the incoming/new student would be attending that school by special permission (but with transportation provided by the school division due to transportation already being provided to the sibling on overflow, provided both students reside in the same home);
5. Incoming/new students enrolling in their regular school of assignment prior to June 1;
6. Students enrolled by special permission (see section 2); and
7. Incoming/new students enrolling after June 1.

Each situation that falls under one of the above sub-sections is subsequently prioritized against others within that situation based on the date of enrollment at that particular school.

Transportation for students who have been granted permission to attend a school outside their attendance area shall be provided by the parent or legal guardian. However, transportation may be provided by the school division if a regularly scheduled bus route within the requested attendance area is available, the route does not have to be deviated, and conditions of bus overcrowding do not exist.

Any parent or legal guardian who is not satisfied by the decision of the school division to their student's reassignment or denial of a request for special permission may appeal the decision to the School Board. The appeal must be in writing and for good cause. The School Board will review the record and respond to the parent or guardian in a timely manner based on their regularly scheduled meetings.

All reassignments and transfers under this policy will be done in a non-discriminatory manner.

Adopted: May 13, 2013

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JZC: Automatic External Defibrillator (AED)

Smyth County Public Schools are not required to provide automatic external defibrillators (AED's). They are a recommended piece of equipment for the purpose of aiding the response to an emergency situation for a victim in cardiac arrest. AED's are portable devices used to induce electrical stimulation to the heart muscle in the event of a potential cardiac arrest. Early access defibrillation has been recognized as a significant factor in survival from incidents of sudden cardiac arrest. Adequate preparation for responding to a life-threatening emergency can save lives.

Employee training will be consistent with CPR/First Aid training certifications provided by the American Heart Association, Red Cross or other authorized agencies. All school nurses and identified staff members employed by Smyth County Public Schools will be CPR certified and AED trained annually. Other school employees will be encouraged to obtain CPR certification and AED training annually. Employees should also be aware that they are not liable for rendering such emergency care, as stated in the Code of Virginia.

"Any person having attended and successfully completed a course in cardiopulmonary resuscitation, which has been approved by the State Board of Health, who, in good faith and without compensation, renders or administers cardiopulmonary resuscitation, cardiac defibrillator, or other life-sustaining or resuscitative treatments or technologies which have been approved by the State Board of Health regulations to any sick or injured person shall be deemed qualified to administer such emergency treatments and procedures; and such individual shall not be liable for acts or omissions resulting from the rendering of such emergency resuscitative treatments or procedures." (Code of Virginia) §8.01-225 (A) (6)

AED response protocol shall be posted in assigned areas for use of the AED.

Adopted: September 9, 2013

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JZC-R: Automatic External Defibrillator (AED) Guidelines

The purpose of this document is to establish guidelines for the care and use of an Automatic External Defibrillator (AED) located in Smyth County Public Schools. AED's are portable devices used to induce electrical stimulation to the heart muscle in the event of a potential cardiac arrest.

Employees should be made aware that they are not liable for rendering emergency care as stated in the following section of the Code of Virginia (Code 8.01-225):

In good faith and without compensation, renders or administers emergency cardiopulmonary resuscitation, cardiac defibrillation, including, but not limited to the use of an automated external defibrillator, or other emergency life-sustaining or resuscitative treatments or procedures which have been approved by the State Board of Health to any sick or injured person, whether at the scene of a fire, an accident or any other place, or while transporting such person to and from any hospital, clinic, doctor's office or other medical facility, shall be deemed qualified to administer such emergency treatments and procedures and shall not be liable for acts or omissions resulting from the rendering of such emergency resuscitative treatments or procedures.

AED Response Protocol

1. Conduct an initial assessment of the patient and environment.
   • Assess the scene for safety.
   • Use standard (universal) precautions.
   • Assess patient for unresponsiveness.
   • If unresponsive, make sure 911 is called and send someone to bring the AED to the scene. If signs of circulation are absent, provide CPR if trained until AED arrives. Initiate in-house emergency plan per school protocol or policy.
   • When AED arrives, open the AED lid and wait for voice commands. The AED will analyze the heart rhythm and provide life-saving defibrillation therapy if needed. Once the AED is properly attached to the patient, the device will automatically detect the patient's heart rhythm, analyze the rhythm, and will instruct the user to stand clear and will automatically deliver a defibrillation shock if needed. The defibrillator pads should only be removed by a paramedic or EMT.
2. Assess breathing.
   • Open the airway.
   • Look, listen, and feel for breathing.
   • If breathing is absent, deliver two rescue breaths if trained to do so.
3. Assess circulation.
   • If signs of circulation are absent, provide CPR if trained. Continue CPR until the AED arrives.
4. Begin treatment with the AED.
   • As soon as the AED is available, turn on the AED and follow prompts.
   • Remove all clothing from the chest area. Dry the chest if it is wet. Shave if necessary.
   • Apply defibrillation pads. Look at the symbols on the AED pads and place pads as shown on the illustrations. Ensure pads are making good contact with the patient's chest. Do not place pad over the nipple, medication patches or visible implant devices.
   • Make sure the patient area is clear. The AED will automatically deliver a shock to the patient if indicated.
   • When advised by the AED, initiate/resume CPR starting with compressions.
   • Continue to perform CPR until otherwise prompted by the AED or EMS personnel.
5. Actions to take when the EMS arrives: Responders working on the victim should document and communicate important information to the EMS provider, such as:
   • Victim's name;
   • Known medical problems, allergies or medical history;
   • Time the victim was found, condition and vital signs if obtained;
   • Type and time of intervention(s) provided, to include the number of shocks delivered and length of time the defibrillator was used;
   • Patient response to intervention(s) and information from the AED screen.

Post-incident Procedure:

1. An employee should notify the building administrator or designee as soon as possible.
2. The school nurse should check the AED, restock the supplies immediately after the event and perform the after-patient-use maintenance on the AED. Data may need to be sent to hospital or doctor.
3. Verify that the status indicator on the AED handle is OK and replace it in the wall cabinet.
4. The building administrator or a designated employee should conduct an employee incident debriefing and document as indicated by school policy.

Periodic Maintenance–Scheduled and After Use

Monthly Maintenance Procedures

1. Open the AED lid and wait for the AED to indicate status. Unit will show OK on status bar.
2. Observe the expiration date on the electrodes.
3. Listen for voice prompts then close lid and confirm that status indicator remains OK.

Annual Maintenance Procedures

1. Open the AED lid.
2. Remove the electrodes.
3. Close the lid.
4. Confirm that the status indicator shows symbols for battery, attention or maintenance.
5. Open the lid and confirm that the electrode indicator is lit.
6. Reconnect the electrodes and close the lid.
7. Make sure the expiration date is visible through the clear window of the lid. Check to make sure the status indicator is OK.
8. Open the lid and confirm that no diagnostic indicators are lit.
9. Check the expiration dates of the electrodes; if expired, replace them. Replace every two (2) years.
10. Check the electrode's packaging integrity.
11. Close the lid.
12. Inspect the exterior and connector for dirt or contamination.
13. Check supplies, accessories and spares for expiration dates and damage.
14. Check operation of the AED by removing and reinstalling the battery charge pack and running a battery insertion test.

Adopted: October 14, 2013

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JZD: ELECTRONIC COMMUNICATION DEVICES POLICY

Students may possess a beeper, cellular phone, personal digital assistant, smart phone, tablet, or other communication device on school property, including school buses, provided the device must be off and out of sight during the instructional school day unless used as an approved part of the instructional process. Middle and high school students may use a cell phone in the schools designated "holding area" before school and after school provided the phone remains in a "silent" mode and does not become disruptive. A signed parental consent form must be on file at the school in order to possess a phone or electronic device at school or on a school bus. Usage must follow the Acceptable Use Policy for Students.

High school students may have the privilege to possess a cellular phone or portable communication device during the instructional day if: the teacher is utilizing the devices for instructional purposes and the teacher has received authorization from the principal; usage is limited to instruction during that class and classroom. In all other circumstances, the student must put away the cellular phone/portable communication device. The student, under no circumstances, uses or displays this communication device during the school day unless it is under the direct supervision of the classroom teacher or building administration.

High school students may have the privilege to bring a beeper into the school building if: the student is an active member of a volunteer fire department or rescue squad, has the permission of the volunteer fire department supervisor, and has parental approval. The beeper cannot be on alert status and must be kept in the student's locker or book bag during the school day.

Elementary school students may have the privilege to bring a cellular phone/portable communication device into the school building if: the parent files a request, and the principal approves each request based on legitimate reasons, such as safety or the well-being of the student. If the request is approved, the principal will give directions as to the housing of the cellular phone during regular school hours.

Adopted: July 14, 2014

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JZD-F: Electronic Communication Devices Permission Form

Smyth County Public Schools understands that technology plays a key role in the lives of today’s students, and some students and their parents would like to be able to use their personal electronic communication devices at school. Students will be allowed to have the devices in conformance with Policy JZD, with parental permission, and with appropriate use as outlined in this agreement. With this privilege come responsibilities and issues that must be addressed. The use of any electronic device, including but not limited to, iPods, iPads, e-book readers, laptops, or cell phones, must be in adherence to the Smyth County Public Schools Acceptable Use Policy.

For purposes of this policy, a personal electronic communication device means a privately owned wireless and/or portable electronic hand held equipment that includes, but is not limited to, existing and emerging mobile communication systems and smart technologies, portable Internet devices, hand held entertainment systems or portable information technology systems that can be used for word processing, wireless internet access, image capture/recording, sound recording and information transmitting/receiving/storing, etc.

Smyth County Public Schools provides the opportunity for students to bring these electronic devices to school to use as an educational tool with parental permission. The use of these electronic devices will be at the discretion of the teacher and school administration. The following criteria must be adhered to:

1. Students must obtain parent permission before using an electronic device at school, on the bus, at a school activity, or during classroom instruction. If the teacher allows cell phones or other electronic devices to be used in their classroom, the device must be placed on the desk or other seating area so that the teacher is aware and the phone must be in “silent mode.”
2. Student use of an electronic device in a classroom must support the instructional activity currently occurring in each classroom and must adhere to the Acceptable Use Policy.
3. Students must put away an electronic device when requested by a teacher.
4. Students should be aware that their use of the electronic device could cause distraction for others in the classroom. Therefore audio should be muted or headphones used when appropriate. Any video, music, or other media would need to be stored on the device and not streamed or downloaded while on the school network.
5. No games should be played during class time. If a game is played on the electronic device before or after school the game should have appropriate content for the school setting and must be stored on the device and not streamed or downloaded while on the school network.
6. Technology devices may not be used to record, transmit, or post photographic images, audio, or video of a person or persons on school property or during school activities.
7. Technology may not be used to cheat on an assignment or test. Sharing information about an assessment is prohibited as well unless approved by the teacher. During class time, the electronic device may not be used for non-instructional purposes (such as making personal phone calls, texting, or instant messaging).
8. A student who brings a privately owned electronic device to school is personally responsible for the device. Any damage to the device and charges related to the use of the device is the responsibility of the student and/or his parent/guardian. Smyth County Public Schools is not liable for any device that is stolen or damaged. District staff will not provide support, service, or repair of any device that does not belong to the school division.
9. Students are responsible for ensuring any electronic device that they bring to school is virus free and do not contain any inappropriate or unauthorized files such as hacking software, inappropriate images/photos, etc.
10. Students are prohibited from using their device to create a WiFi hotspot.
11. Students may be asked to register the MAC address that is assigned to their device.
12. Smyth County Public Schools does not guarantee the privacy or security of any item stored on or transmitted by any privately owned electronics device.

As it relates to privately owned electronic devices being used on Smyth County Public Schools property, at a school activity, or on the division network, Smyth County Public Schools reserves the right to:

1. Monitor and log all activity.
2. Determine when and where privately owned equipment may be connected to the network.
3. Make determinations on whether specific uses of personal electronic devices are consistent with the Division’s Acceptable Use Policy.
4. Deem what is appropriate for use of personal electronic devices on school property, at a school activity, or on the division network.
5. Suspend the user’s access to the network and right to use the privately owned personal device on school property or at school activities at any time it is determined that the user is engaged in unauthorized activity or is violating the Acceptable Use Policy.

Violation of the Acceptable Use Policy on school devices or on personal electronic devices may result in disciplinary action being taken in accordance with school division policies and school rules. This may include but is not limited to removal of all access rights to the division network.

By signing below, I give permission for ____________________________ (Student Name) to have a cellular telephone or other communication device on school property during the regular school day. My child and I have reviewed and understand the regulations outlined in this agreement.

____________________________________     ____________
Signature of Student                     Date


____________________________________     ____________
Signature of Parent/Guardian             Date

Adopted: July 31, 2014

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JZE: Concurrent High School-College Enrollment

Should a senior student and their parents or guardians elect to ease the transition from high school to college, concurrent enrollment in high school and accredited colleges or universities is available. A concurrently enrolled student is a high school senior who chooses to take all or part of their classes on a college campus or through a college’s virtual program (courses not provided as part of the high school course offerings) and is on track to meet all requirements for a standard or advanced studies diploma. In order to participate in senior year and graduation activities, a student must be enrolled in a Smyth County high school and satisfy all requirements of this policy. In addition, Smyth County high schools offer Advanced Placement, dual enrollment, and virtual on-line course for students to take that are not considered concurrent. A course routinely offered at the high school will be considered for concurrent enrollment only for those students who have schedule conflicts or specific diploma degree requirements which cannot be reconciled by the high school.

Students are qualified for participation in concurrent high school – college enrollment by fulfilling the following criteria:

• continue enrollment in Smyth County Public Schools;
• be eligible to graduate within two semesters prior to beginning concurrent enrollment status;
• possess a “B” or better average at the end of their junior year in high school (exceptions may be granted in unique situations by the high school principal);
• possess the ability, maturity, and motivation to take advantage of the opportunity;
• be on track with all graduation requirements set forth by the Virginia Department of Education and Smyth County Public Schools to receive a standard or advanced studies diploma;
• complete a Concurrent High School-College Enrollment application, inclusive of parent/guardian signature for minor students, and receive principal approval prior to enrollment in an accredited college or university;
• provide to high school principal proof of enrollment in an accredited college or university;
• must be enrolled and physically present at the high school in at least one block per semester;
• must be enrolled in a minimum of 7 high school credit courses on the hybrid block schedule or 6 high school credit courses on a 4x4 block schedule to be considered for academic recognitions (top 10%, Beta Club, National Honor Society,…) and senior opportunities (senior pictures, Prom, senior awards…); and
• remain enrolled in their high school as students participating in independent study courses which mirror the courses in which the students are enrolled in the accredited college or university.

Prior to approval by the high school principal or principal’s designee for students to participate in concurrent high school-college enrollment:

• the principal or principal’s designee must verify that students are on track for to meet all graduation requirements prior to concurrent enrollment in accredited college or university courses;
• the students must submit to the principal or designee a completed Concurrent High School-College Enrollment application, inclusive of parent/guardian signature for minor students, and proof of full-time enrollment in an accredited college or university;
• the students must submit to the principal or principal’s designee a list of the courses in which the students will be enrolled; and
• the principal or principal’s designee must ensure the courses in which the students will be enrolled are assigned appropriate course codes as independent study courses.

Both high school and college credit will be awarded for concurrent courses which are successfully completed. Concurrent college course grades will be recorded on the high school transcript and will count toward class rank, etc., on the same basis as other transfer credit. Courses considered for enrollment that have no determination of weight must be submitted at least three (3) weeks prior to the beginning of the school division semester so determination of weight can be decided.

Regular attendance is essential to a successful concurrent enrollment arrangement. Students who miss seven (7) days or more and whose absences are not verified by medical excuses will be dropped from the concurrent enrollment option and will be enrolled full-time at the high school.

Concurrent course credits may count toward Virginia High School League eligibility.

All qualified high school students will be advised of the opportunity for concurrent enrollment.

To qualify for high school credit, students must present to the principal or principal’s designee, within fifteen (15) days upon completion of the college course, a transcript from the accredited college or university where the courses were successfully completed. For some academic awards/recognitions, a mid-semester grade may need to be provided to the high school by the accredited college or university instructor. It is the student’s responsibility to obtain the mid-term grade and have it submitted to the high school. The principal or principal’s designee will ensure the students receive corresponding grades for the independent studies in which the students are enrolled at the high school. As it relates to final G.P.A. and class ranking, the grades from the accredited college or university will be calculated into the students’ high school G.P.A.

If students drop or add college or university courses within the college or university’s drop/add timeline, students are responsible for forwarding the information within five (5) days to their principal or designee to ensure the students’ independent study courses mirror the college or university courses in which the students are enrolled. Concurrently enrolled students who elect to withdraw from a college/university course(s) after the accredited college/university drop/add deadline, are required to notify immediately the principal or principal’s designee. Letter grades earned in the concurrent courses will be the grade on the high school transcript. If a student drops a class with an F or a WF grade, the class will count as an F on their high school transcript. If students fail to complete the independent studies courses, participation in the graduation ceremony could be jeopardized.

Concurrently enrolled students are solely responsible for their own transportation to and from college or university courses and are responsible for all tuition, fees and books associated with enrollment as students in an accredited college or university. The exception to this is if the student attends a community college with whom Smyth County Public Schools has an agreement and the course qualifies for tuition reimbursement to the school division. In this case tuition may be paid for eligible classes.

Adopted: August 10, 2015

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JZF: School Authority

Students are under the jurisdiction of school authorities while on school property during regular school hours, while participating in or attending school sponsored co-curricular activities, and while on the way to or from school when student actions or conduct directly affect the good order and welfare of the school. All school board and local school rules and regulations shall be consistent with the regulations of the State Board of Education and the statues of the State of Virginia.

Adopted: January 14, 2019

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JZG: Management of Scholastic Records

The Smyth County School Board has adopted Management of the Student’s Scholastic Record in the Public Schools of Virginia as a reference guideline for management of scholastic records.

Scholastic Record

Smyth County public schools require that all records maintained on an individual student be considered the student’s official school record. Such record shall hereinafter be called scholastic record(s) or educational record(s) meaning those records directly related to a student and maintained by an educational agency or institution. Smyth County public schools require that an accurate and complete scholastic record be maintained for each student enrolled in the LEA.

Smyth County public schools maintain all scholastic records in a central location accessible to professional personnel within the school and/or school division who have legitimate educational interests in the student(s).

Smyth County public schools require that the superintendent or designee be responsible for the collection, maintenance, security, use, disclosure, and content of the scholastic record.

Management Procedures

TYPES OF STUDENT DATA TO BE COLLECTED AND RECORDED:
Educational Information—Required for all students

1. Record data disclosure form.
2. Name and address of student.
3. Birth date.
4. Name and address of parent.
5. Program of studies plan.
6. Scholastic work competed.
7. Level of achievement:
   1. Grades.
   2. Grade point average.
8. Type of diploma.
9. Attendance.
10. Test data:
    1. Results of normative tests, such as achievement batteries and inventories.
    2. Results of literacy testing program, prescribed and provided by the State Board of Education.
11. Cumulative health record, including preschool physical examination report and school entrance examination report.
12. Certification of immunization.
13. Record of employment counseling and placement.
14. Social security number (unless a waiver is granted).

Educational Information—Recommended for all students

1. Results of other standardized group tests and inventories.
2. School, community activities, work experience.
3. Employment evaluations.
4. Record of counseling interviews (date, reason, etc., not content).
5. Citizenship status if other than United States.

EDUCATIONAL INFORMATION—REQUIRED OF STUDENTS AS APPROPRIATE

Educational Information—Recommended of Students as Appropriate

Responsibilities for Collection, Maintenance, and Security of Scholastic Records

Data Collection—It shall be the collective and cooperative responsibility of the designated personnel—teachers, counselors, school administrators, and central office staff—to collect appropriate data as indicated in the special education or gifted education referral process document or, at the school level, the principal or designee(s).

Data Maintenance and Security—It shall be the responsibility of each school principal to provide proper management and security for all scholastic records in that school in a manner that is in compliance with these guidelines.

Access to and Disclosure of Data

ACCESS TO RECORD DATA, TYPES OF DATA, DISCLOSURE CIRCUMSTANCES

The school system shall follow the regulations in (Part VIII—Disclosure), Management.

DEFINITION OF "SCHOOL OFFICIALS" AND "LEGITIMATE EDUCATIONAL INTEREST"

The term "school officials" shall include division central office professional staff, school administrators, teachers, and adult clerical personnel charged with record maintenance responsibility. The term shall also include educators who are in the school division for the purpose of administrative review, school accreditation, and/or evaluation.

A "legitimate education interest" shall determine whether or not "school officials" shall have access to a student’s scholastic record. A "legitimate education interest" shall consist of one or more of the following factors:

1. A direct teaching relationship with the student (regular or special education).
2. Administrators and/or supervisors employed by this school system who have a direct involvement in the planning, implementation, and/or evaluation of a student’s educational program, or growth.
3. Administrators and adult clerical personnel change with the responsibility of record maintenance.
4. Those educational personnel assigned to audit or monitor the school division through administrative review, school accreditation, and/or school evaluation.
5. Any other "legitimate education interest" must be established by Virginia law and/or the terms of "Disclosure" section of this document.
6. Public and private agencies providing educational and/or related services to handicapped children and agencies which collect, maintain, or use personally identifiable information:
   1. This school system shall abide by the provisions of Part VIII (Disclosure), Management as it pertains to access and disclosure of data to public and private agencies.
   2. The school system shall abide by all other regulations in this document which relate to disclosure, release, transfer, and use of data to public and private agencies.

CHALLENGED, AMENDED, CORRECTED, OR EXPUNGED RECORDS

As regards methods to challenge, amend, correct, or expunged information found in scholastic records, the Smyth County public schools shall follow the amendment procedure from the state document. Periodically, the principal or designee will evaluate individual scholastic records for compliance with required and recommended data and will remove any data no longer educationally useful.

RECORD INTERPRETATION AND EXPLANATION

When scholastic record interpretation and explanation is necessary, the superintendent or designee will be present for interpretation and explanation pursuant to Part III, B(g-1), Management.

REPRODUCING RECORDS

A fee for copying scholastic record data may be charged provided the charge does not exceed the cost of reproduction. Such fee shall not effectively prevent the parents, or their designee, from exercising their right to inspect and review these records. No fee is charged for a copy of the individual education program (IEP). Smyth County public schools do not charge a fee for search and retrieval.

COMMUNICATION OF POLICIES AND PROCEDURES

School administrators, guidance counselors, and central office staff members will receive complete copies of the policies and procedures for study and reference. School principals shall inform all staff of the policies and procedures. Orientation, training, or instruction of personnel in use of the policies and procedures will be the joint responsibility of the director of student personnel services and school principals.

Parents and students shall be notified of their rights relative to the student’s scholastic record as described in Part III 3.1-M, Management. During the first ten days of each school year, each parent will be sent the document, Student Record Information.

The director of student personnel services shall inform each local cooperating agency of the policies and procedures related to student scholastic records.

Adopted: January 14, 2019

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JZH: Student Recognition

Each Smyth County school shall recognize students for outstanding scholastic, extracurricular, and other school-related achievements. Each school is responsible for establishing regulations and procedures for students’ achievements to be recognized and rewarded.

Adopted: January 14, 2019

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JZI: Parties and Dances

The principal and faculty of each school shall formulate reasonable policies with respect to school-sponsored parties and dances. They shall formulate policies with respect to dress, admission charge, and costs incurred for school-sponsored social functions at the elementary, middle, and secondary levels.

Students desiring to have school-sponsored parties and dances must secure the prior approval of the principal and must be conducted under the supervision of the faculty.

Adopted: January 14, 2019

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JZJ: Gifts

Organized exchange of gifts between students will be structured so as to preclude any economic hardship on any student and to assure avoidance of embarrassment to any student without the financial resources to participate.

All parents/guardians are to be informed of plans to implement any such gift exchange program.

Adopted: January 14, 2019

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JZK: Pupils Transported at Public Expense

The standards of behavior outlined in this Code of Student Conduct shall apply to students while being transported at public expense. Students riding school buses shall also follow the additional rules outlined in this section.

School buses are operated for the safe transportation of students traveling to and from school and school activities. Transportation at public expense is a privilege which may be revoked when the general conduct of the student is detrimental to the safety and comfort of other students.

The following guidelines should be understood and observed by students supported by parents, and enforced by principals, bus drivers, and other school personnel:

1. Students must ride the bus assigned unless changed by the principal.
2. Students waiting to board the bus must remain a safe distance away from traffic.
3. For safety reasons, there should be no "horseplay" by students waiting to board a bus.
4. Students should take the safest route to the assigned bus stop; however, they should avoid trespassing on private property.
5. Students are prohibited from running toward a moving bus as it approaches the bus stop or a loading bus.
6. Parents and students should allow adequate time to arrive at the bus stop. Drivers are not required to wait for students; however, drivers should make every effort to be on schedule.
7. Upon boarding the bus, students should take a seat and remain seated until they reach their destination.
8. School buses are designed to accommodate three students per seat. Seats cannot be reserved and must be filled before students are permitted to stand.
9. Students are not permitted to be beyond the padded barrier located directly behind the driver while the bus is in motion.
10. Distractions such as loud talking, unusual noises, spitting, pushing, screaming, singing, scuffling, or any unnecessary movements which would divert the driver's attention are forbidden. Radios, tape players, cassettes, etc., are forbidden.
11. Students are not permitted to throw objects in the bus or out of the bus window.
12. The use or possession of tobacco in any form and the consumption of food or drinks are forbidden.
13. The use of profanity and vulgar language is forbidden.
14. All objects permitted to be carried on the bus must be held in the student's lap. (Check with bus driver on special items, such as band instruments, projects, etc.)
15. After getting off the bus, students who live on the opposite side of the road should immediately cross to the other side of the road at least ten feet in front of the bus so that the driver can see them at all times.
16. After getting off the bus, students must go a safe distance from the bus before it leaves the bus stop.
17. Students are not permitted to tamper with the bus or any of its equipment.
18. Parents are responsible for cost of damages to the school bus which are incurred by their child.
19. Animals and wildlife are not permitted on the bus.
20. Objects made of glass (jars, etc.) are prohibited.
21. Students must take seats assigned by the driver or the principal, and students must remain in those seats until permission to change seats is given.
22. Students who do not obey safety guidelines may lose the privilege of riding the bus.
23. Students who lose the privilege of riding an assigned bus will not be permitted to ride another bus.
24. Anyone who appears to be under the influence of intoxicants or drugs will not be permitted to board a school bus. The help of the parent, school principal, or an officer of the law should be sought immediately.
25. Pupils will not leave their buses on the way to or from school without written permission from the parents and the principal.

Procedure For Reporting Misconduct On Buses

1. Bus drivers will report all disciplinary problems to the student's principal or designee as soon as possible.
2. All bus disciplinary problems will be handled by the principal, or designee, of the school which the student attends.
3. The principal or designee will investigate all reports of misconduct on the day they are received or immediately the morning of the next school day.
4. After all facts and information have been considered, the disposition of the matter will be reported to all parties concerned.

Complaints about inappropriate conduct and problems on the school bus should be made to the student's building principal or designee.

Adopted: January 14, 2019

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JZL: Invasive Health Activity

No student under the age of 18 shall participate in any invasive health activity such as blood donation, cholesterol, or hematocrit/hemoglobin screening without written consent from a parent or legal guardian. Sponsorship of an invasive health activity must receive the prior approval of the superintendent of schools.

Adopted: January 14, 2019

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JZM: Political Materials

In no instance will a student be required to convey or deliver materials that advocate the election or defeat of any candidate seeking public office, advocate for passage or defeat of any referendum question, or advocate the passage or defeat of any measure pending before a local school board, local governing body, the Virginia General Assembly, or the United States Congress.

This policy shall not be construed to prohibit the discussion of or use of political or issue-oriented materials in conjunction with classroom activities, or to prohibit the delivery of informational materials.

Adopted: January 14, 2019

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JZN: Foreign Exchange Students

The Smyth County School Board will accept foreign exchange students under the following conditions:

1. The placing agency should notify the respective high school principal no later than July 1.
2. Courses will be taken for audit purposes only. Students will receive an evaluation of progress in the form of a letter grade. Exchange students, parents, or guardians shall be notified that courses will be taken for audit purposes only.
3. Exchange students will earn a certificate of appreciation. Exchange students will not earn a diploma.

The exchange student and parents or guardians will provide to the school principal a written statement indicating an understanding that courses will be taken for audit purposes only and no diploma will be awarded.

Adopted: January 14, 2019

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JZO: Student Physical Examination and Immunization

Students entering public kindergarten or elementary school (grades K-5) for the first time must provide:

1. A physical examination by a qualified physician or nurse practitioner performed no earlier than 12 months prior to the date that the student enters documented on the MCH-213D (green form).
2. Records establishing that the above report or one that contains the same information as the MCH-213D was provided to another school or school division (does not specify that it must be in-state.)
3. Parents may waive the physical examination requirements based upon religious objection by stating in writing that the student is in good health and free from any communicable or contagious disease.

The code does not require physical examinations for students entering middle and high schools.

Immunizations
Code of Virginia, section 22.1-271.2

No student shall be admitted by a school unless at the time of admission documentary proof of immunization or proper religious or medical exemption is provided. Documentary proof consists of:

• MCH-213D signed by a physician, nurse practitioner or an official from a local health department.
• For a new student transferring from an out-of-state school, any immunization record that contains the exact date (month/day/year) of the administration of each of the required doses of vaccine. Any questions or incomplete records should be directed to the local health department.

Responsibilities of Admitting Officials

The school medical record of all new students and sixth graders should be reviewed by the admitting official or designee prior to the first day of each school year to determine the following:

1. Students in compliance
2. Students who are exempt
3. Students whose immunizations are inadequate
4. Students without any documentation of having been adequately immunized.

Upon identification of students whose immunizations are inadequate or who lack documentation of adequate immunizations, the admitting official shall notify the student or the parent or guardian of the following:

1. That there is no or insufficient documentary proof of adequate immunization
2. That the student can not be admitted to school unless documentary proof of immunizations or exemption is provided
3. That the student may be immunized and receive certification by a physician, nurse practitioner, or health department official
4. How to contact the local health department to receive the necessary immunizations.

Conditional Enrollment

In order for a student to be conditionally enrolled, the student must have proof of having received at least one (1) dose of each of the required immunizations (DTP, OPV, MMR, Hep B) and have a schedule on file to receive the remainder of the required doses within 90 days.

Religious Exemptions

The student or his parent or guardian submits a Certificate of Religious Exemption (Form CRE-1), to the admitting official of the school to which the student is seeking admission. Form CRE-1 is an affidavit stating that the administration of immunizing agents conflicts with the student's religious tenets or practices. The CRE-1 must be signed by a NOTARY PUBLIC AND STAMPED WITH THE NOTARY'S SEAL.

Medical Exemptions

The school must have written certification from a physician or a local health department on the MCH-213D form that one or more of the required immunizations may be detrimental to the student's health. Such certification of medical exemption shall specify the nature of probable duration of the medical condition or circumstance that contraindicates immunization.

Adequate Immunizations

Dtap, DTP, DT or Td

A minimum of 3 doses. A child must have at least one dose of diphtheria, tetanus, pertussis-containing vaccine after the fourth birthday. If the child has received six doses before the fourth birthday, additional doses are contraindicated. DT vaccine is required for children medically exempt from pertussis vaccine. Adult Td is required for children seven (7) years of age and older who do not meet the minimum requirements.

Polio

A minimum of 3 doses of OPV or IPV in any combination. If a child has had only 3 doses of polio vaccine, one dose must have been administered after the fourth birthday. However, a child who has received four doses before the fourth birthday, is adequately immunized and does not need a dose after the fourth birthday.

Hib

This vaccine is required only for children up to 30 months of age. A complete series consists of either 2 or 3 doses (depending on manufacturer) followed by a booster dose at age 12-15 months. However, the number of doses required is governed by the child's current age and note the number of prior doses received. Unvaccinated children between the ages of 15 and 30 months are only required to have one dose of vaccine.

Hepatitis B

A minimum of 3 doses upon entering kindergarten and beginning July 1, 2001 for all students entering the sixth grade.

Measles, Mumps, Rubella

A minimum of 2 measles, 1 mumps and 1 rubella (most children receive 2 doses because the vaccine is usually given as MMR). First dose must be administered at age 12 months (365 days) or older. Second dose of measles vaccine does not have to be administered until age 4 to 6 years (at entry to kindergarten) but can be administered at any time after the minimum interval between dose 1 and dose 2. The minimum interval is one month (28 days).

Varicella

All children born on and after January 1, 1997 shall be required to have a dose of chickenpox vaccine not earlier than 12 months (365 days) or written documentation from a physician of proof of disease.

All information in this document was taken from Virginia School Health Guidelines and The State Board of Health Regulations for the Immunizations of School Children.

Adopted: January 14, 2019

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JZP: Bullying and Harassment

Every student has the right to learn in an environment that is safe and free from bullying and harassment in any form. The Smyth County School Board expects that staff will take all appropriate measures to assure the maintenance of such an environment.

A student, either individually or as part of a group, shall not bully or harass others. Prohibited conduct includes, but is not limited to, physical intimidation, taunting, namecalling, and insults and any combination of these activities.

Adopted: January 14, 2019

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JZQ: School-Sponsored Trips

When planning and conducting school sponsored trips the following guidelines should be observed:

1. When a large number of students participate, such as the senior trip, and which involves staying overnight, the principal or the assistant principal should accompany the group.
2. Planning for schoolsponsored trips should be a cooperative effort involving professional staff, students, and parents.
3. All participating students and the parents thereof are to be clearly informed of expectations regarding conduct while on the trip.
4. A sufficient number of faculty members and/or responsible adults are to be assigned to assure that students are appropriately chaperoned.
5. Written permission from parents or guardians will be required for all academic field trips and school sponsored co-curricular activities requiring an overnight stay.
6. A written emergency medical treatment and information form, to be taken on the trip, will be obtained from the parent/guardian of each student attending a school sponsored trip requiring an overnight stay.
7. Each school is required to assure that adequate accident insurance coverage is in place for trips requiring an overnight stay. Participants may be charged a reasonable fee for such coverage.
8. The school board must approve school-sponsored trips involving students staying the night.
9. Applications for such trips must include information on how the trip involving overnight stays enhances the curriculum.
10. Parents/guardians/volunteers/chaperones must have requested a search from the central registry from the Department of Social Services Child Protective Services and have been cleared as not being identified in the registry of found child abuse/neglect investigations as an involved caretaker with a founded disposition of child abuse/neglect. Records of such search will be maintained on file and may suffice for future trips. However, the superintendent and/or school principal may request an updated search.

Adopted: February 11, 2019

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JZR: Student Use of Motor Vehicles

Each school shall formulate polices relating to students driving automobiles and other motor vehicles to school. The policies shall cover permits, parking regulations, the use of vehicles during school hours, and the adherence to safety standards while operating a vehicle on school property.

Students who drive motor vehicles to and from school shall abide by all rules and regulations established by respective school administration regarding student use of motor vehicles. Violation of established rules and regulations may result in suspension of a student's privileges regarding use of motor vehicles on school property.

Adopted: February 11, 2019

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JZS: Transportation of Students to Co-Curricular Activities

As a general rule, students participating in school sponsored co-curricular activities requiring travel from the home school to another site shall be transported by school board vehicles and/or other means of transportation arranged for and supervised by appropriate professional staff. Unless justifiable circumstances exist, students are not to be transported in private vehicles.

Where justifiable circumstances do exist, students may be transported by a responsible adult provided that a coach, a sponsor, other supervising official or the school principal approves. Written permission must be provided by a parent or guardian and kept on file by the school administration. Students are not permitted to drive themselves or other student participants to or from a school sponsored activity requiring travel from the home school.

Adopted: February 11, 2019

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JZT: Accidents and Illnesses

Accidents and serious illnesses of students shall be reported promptly to the principal or designee. Every effort shall be made to immediately contact the parent or guardian. School personnel may give reasonable assistance and first aid treatment to an injured or ill student. If the parent or guardian cannot be reached, the student should be taken to a doctor or hospital for emergency treatment. Under no circumstances will the student be permitted to start home alone.

Each school shall have a written policy and procedure to be implemented in case of accident or illness of students and will maintain a file containing emergency telephone numbers and/or other means of notifying parents and guardians in case of accidents and/or serious illness. Serious accidents or illnesses shall be reported to the superintendent of schools.

Adopted: February 11, 2019

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JZU: Attendance Guidelines for Public Performance of Bands and Choral Groups

Realizing that music is a basic discipline of the school curriculum and that public performance constitutes an essential aspect of the music program and serve as a necessary laboratory experience for the students, all members of performing groups are required to attend all performances and rehearsals.

A master schedule of yearly activities will be made available to students and parents at the beginning of the school year. It is the responsibility of each school to ensure that the parents of every band and choral student receive a copy of this master schedule.

A student will be excused from missing a scheduled performance or rehearsal if he/she has a parent's or a doctor's note for personal illness. A student will also be excused for a death in the family or a conflicting religious meeting or observance, provided a note is received from a parent, in advance if possible. Students may be excused for other legitimate reasons at the discretion of the band or choral director and the principal. Such reasons must be presented to school personnel in a reasonable length of time prior to the absence(s) and a note from a parent will be required.

Should a student miss a performance or rehearsal, the following action will be taken:

3x3x1 Block Schedule

Nine weeks' grade will be cut ten points for each unexcused absence from a scheduled performance.

Four points will be cut from the nine weeks' grade for each unexcused absence from scheduled after-school rehearsals.

4x4 Block Schedule

Nine weeks' grade will be cut five points for each unexcused absence from a scheduled performance.

Two points will be cut from the nine weeks' grade for each unexcused absence from scheduled after-school rehearsals.

If any other program/performances are added after the master schedule is posted, allowances will be made for students' absences with no penalties for students who have reasonable excuses for missing any of these added events.

At the discretion of the band director, the students who do not participate in summer band camp may not be allowed to participate in the contest show at the beginning of the school year.

Performing groups will have the option of participating or not participating at outside activities due to inclement weather or when the temperature is 32 degrees or lower. The school administration in conjunction with the music director will make this decision.

Adopted: February 11, 2019

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