Forms and Documents

WHAT TO BRING WHEN YOU ENROLL

ENROLLMENT for the 2025-2026 School Year is now available.  Are you ready to sign your child up for the Pontiac School District new school year.  Well CLICK HERE to get started on an exciting future for your child here in Pontiac.

Looking to enroll your child into our ITA Program?  Click here to access the enrollment application.  For More information about our ITA Program, please visit their page here.

Did you know that Pontiac School District was a School Of Choice District?  Looking to bring your student back to a district that is thriving and growing daily.  Or are you looking to switch your student to a district that is focused on its students and the community?  Well if you need a change fill out the form and our student services office will take your through the process to become part of this great Phoenix Nation.  Applications are available all summer through September 5.  We look forward to you joining our family.

The application can be filled out online downloaded and either emailed, faxed or walked into our student services offices.  Applications can be emailed to studentservices@pontiacschools.org. Or faxed to 248.451.7591

Schools of Choice Application - English

School Of Choice Application - Spanish

Dear Parents,

I am pleased to provide you with the Pontiac School District (PSD) Student Code of Conduct. The Code of Conduct has been updated to reflect any changes to the District and/or the law. The Student Code of

Conduct’s main purpose is to provide our students, parents, and school personnel with guidelines for

maintaining a safe, orderly, and successful learning environment. It is also a valuable resource for students to learn their rights and responsibilities in the learning environment. It sets the standard for student

behavior and provides an opportunity for staff to identify and assist students whose actions are barriers to their educational success.

It takes a collective effort to nurture a positive and cooperative learning atmosphere where everyone is treated with dignity and respect. The safety and educational success of our students is our top priority at all times. Throughout your child’s school career, it is imperative that you and our staff collaborate in supporting your child’s educational progress and that you apprise your child of the importance of safety and

non-violence.

Our Code of Conduct is designed to provide access and understanding to students of resources for their success. All students are entitled to a personal curriculum to achieve the graduation requirements as

outlined by the Board of Education and State of Michigan. Personal curriculums can include credit earned by: traditional coursework; demonstrating mastery of subject area content; related course work in which content standards are embedded; non-traditional course work; independent teacher-guided study; testing out; dual enrollment; advanced placement courses; international baccalaureate or other early college

programs;, MDE-approved formal career and technical programs; or online classes.

Please take the time to review the Student Code of Conduct Table of Contents and become familiar with specific policies and procedures. We ask that you review and sign the “Parent and Student Statement of

Receipt,” and have your child return it to his/her school.

If you have questions or concerns that are not addressed in the Code of Conduct, please contact your local school administrator or the Board of Education. We look forward to educating your children and working with you to prepare each student to thrive as they embark on working and living in a global society. We remain committed to providing a learning environment where ALL excel — Students, Faculty, Parents, and Community.

Sincerely,

Dr. Kimberly Leverette

Interim Superintendent

INTRODUCTION

The Pontiac School District Student Code of Conduct supports the belief that each person deserves and needs a positive, concerned, accepting educational community that values diversity and provides a comprehensive system of individual supports. The intent of this handbook is to set forth the policies, procedures, and expectations generated by the Pontiac School District community to foster a positive learning environment. By reading and discussing this Code and the importance of good behavior with your children, you will assist the District in its efforts to help all students reach their highest potential.

The Student Code of Conduct is enforced:

1. While students go to or from school.

2. On any school district property at any time.

3. At all school-sponsored or approved events or activities on or off campus.

4. At the bus stop or on a school bus.

5. With respect to any misconduct toward any school employee or damage to his/her property,

whether on or off school premises.

6. With respect to any off-campus misconduct of a serious and/or criminal nature, which poses a

likelihood of danger to the health (physical or emotional) or welfare of students or district

personnel (e.g., selling drugs off-campus), or which reasonably makes the continued presence of

the student in the school disruptive to the educational process (e.g., committing a vicious crime

off-campus).

The rules/working agreements and regulations contained in this document do not include all conceivable student misbehavior that might result in administrative disciplinary action taken against a student.

The District administration reserves the absolute discretion to determine appropriate sanctions to be imposed upon a student for any infraction of the Code of Conduct.

Fair Administration of the Code of Conduct

The Student Code of Conduct sets forth student rights and responsibilities while at school and school- related activities, and the consequences for violating school rules/working agreements. It defines behaviors that undermine the safety and learning opportunities for all members of the school community and favors actions that encourage positive behavior and learning over actions designed to punish.

When determining the consequences of student misconduct, school officials may use intervention strategies and/or disciplinary actions. Recognizing the importance of keeping students in school learning as much as possible, educators will consider the severity or repetition of misconduct, age and grade level of the student, circumstances surrounding the misconduct, impact of the student’s misconduct on others in the school

community, and any other relevant factors in determining how they will address misconduct.

The Code of Student Code of Conduct will be administered fairly, without partiality or discrimination. The Student Code of Conduct does not diminish any rights under federal law (20 U.S.C. 1400 et. Seq.) of a student determined to be eligible for special education programs and services.

Student Responsibilities

All students should recognize the consequences of their language, manners, and actions toward each other, school staff, and volunteers. Students need to understand that they benefit from an orderly school operation and as members of the school community, acknowledge their responsibility to promote a mutually

respectful learning environment and support the reduction of any disruption to learning. The following

pages list actions that can cause disruptions and, therefore, require some action to address the harm they cause. Whenever possible, the action to address this misconduct should include steps to heal the harm and restore the community members affected.

1. 1. Take responsibility for your learning and recognize that it is a process.
2. Attend school regularly, arrive on time, and be prepared to learn.
3. Respect yourself and others in class, on school grounds, on buses, and at any school-related activity.
4. Respect the rights and feelings of fellow students, parents, educators (including teachers, secretaries,custodians, aides, paraprofessionals, and other school personnel), visitors, and guests.
5. Work within the existing structure (follow school building established protocols) of the school to address concerns.
6. Know and comply with school district rules/working agreements and policies.
7. Participate in your learning communities, including helping formulate rules/working agreements and procedures in the school, engaging in school-related activities, and fostering a culture of respect for learning and for others.
8. Refrain from libel, slanderous remarks, and obscenity in verbal and written expression and observe fair rules in conversation and responsible journalism.
9. Dress and appear in a manner that meets reasonable standards of health, cleanliness, and safety.
10. Help maintain and improve the school environment, preserve school property, and exercise the utmost care while using school facilities.

Student Rights

The immediate objective of the Student Code of Conduct is to assure a suitable environment in which

learning can take place and to encourage student growth in abilities, attitudes, and values essential to

acceptable behavior. If a student feels unsafe or is threatened, the student or the student’s parent/ guardian should contact the principal. Individual rights relate to individual responsibilities and must be seen in

relationship to the safety, health, and welfare of all members of the school community.

Disciplinary actions are applied to students when there are violations of the rules/working agreements. Disciplinary actions take into account the specific offense and an understanding of the student, guidance procedures, and the educational purposes of the school.

As a member of our school community, our students have the right to:

• A free public education.
• A quality education with high expectations and appropriate support.
• An orderly and safe classroom and school.
• Use their voice, be heard by educators, and participate in decisions that affect their education.

• Equitable access to high-quality instruction, services, resources, and extracurricular activities.

• Be known and cared for at school.

Parent/Guardian Rights

As a member of our school community, our students have the right to:

• A free public school education for their child.
• Access information about their child (educational records). The right to review and have copies of their child’s records.
• Review curriculum, textbooks, and teaching materials of the school in which their child is enrolled at a reasonable time and place in a reasonable manner.
• Be actively involved and engaged in the education of their child.
• Advocate on behalf of their child.
• Participate in District policy discussions.
• File complaints and/or appeals regarding matters affecting their child’s education.

Parent/Guardian Responsibilities

In the Pontiac School District, we put children first. The Pontiac Schools’ Parent/Guardian Responsibilities details the expected behaviors of parents/guardians and visitors when on school property, field trips, athletic and extracurricular events, or when engaging with school personnel. The Pontiac Schools’ Parent/Guardian Responsibilities are established to ensure a positive working relationship between the school, parents/guardians, and the general community. As a part of theenrollment application process, parents and/orguardians will be required to sign the Parent/Guardian Responsibilities agreement to:

1. Be courteous in speech and actions while on school property or in attendance at school-sponsored events.
2. See that your student(s) attends school regularly and on time.
3. Support the school’s effort to provide a safe and orderly learning environment.
4. Meet with school staff when requested to discuss the education or behavior of your student(s).
5. Advocate for your student(s) and take an active role in the school community.
6. Know and support the District and school rules/working agreements and policies and work within the existing structure of the school to address concerns.
7. Sign in at the office upon entering the school and seek permission prior to going to other areas of the building.
8. Take responsibility for your student’s (students’) development as learners by, as much as possible, providing a home environment suited for learning and developing good study habits.
9. Provide for your student’s (students’) general health and welfare as much as possible.
10. Teach and model respect for yourself, your student(s), and all members of the school community.

Educators have the responsibility to:

1. Take responsibility for students’ development as learners, including their academic success and positive social-emotional development, recognizing that children should be subject to behavior management and discipline policies appropriate to their ages and levels of understanding.

2. Model and provide a mutually respectful and accountable atmosphere for learning, which includes all members of the school.

3. Cooperate and schedule conferences with students, parents, and other school personnel in an effort to understand and resolve academic and behavioral problems. Make every effort to accomodate families whose work schedules, access to transportation, or distance from school limits their ability to meet or participate.

4. Work within the existing structure (follow school building established protocols) of the school to address concerns.

5. Encourage students to participate in classroom, extracurricular, and other school-related activities.

6. Know and enforce the school rules/working agreements and policies consistently, fairly, and equitably.

7. Participate in formulating rules/working agreements and procedures and other learning and developmental opportunities in the school.

The Rights of Freedom of Expression

Students have the right to express their beliefs and opinions on issues orally, symbolically, and through publication, so long as such expression is made in a reasonable manner. However, freedom of expression does not include engaging in libelous, obscene, or personal attacks on individuals and groups; defamation of character; commercial solicitations; or the distribution of materials of a racial, ethnic, sexual, or religious nature that are likely to result in disruption; nor materials that otherwise endanger the health and safety of people or threaten to disrupt the educational process.

Student Dress Code

In Compliance with the Pontiac School District School Board Policy 5511, the Pontiac School District dress code is designed to provide students with an educational environment that is conducive to the learning process. The policy is designed to prevent distractions including health and safety hazards that disrupt the educational environment. Pontiac School District students are expected to dress, groom, and attire themselves in a manner that is not potentially dangerous, does not distract others or disrupt education, and does not convey a message contrary to District policy. The following are examples of dress, grooming, and attire that may violate District policy. This should not be considered an exclusive list. Students should reference their own school’s dress code for more detailed examples.

Distracting, Disruptive, or Dangerous Items:

• Clothing that exposes or draws unusual attention to breasts, buttocks, or genitals, or styles that expose undergarments.
• Grooming or attire that focuses attention on a student or group of students at the expense of learning, such as nightwear or beachwear, etc.
• Students must wear shoes with a strap across the heel (no flip flops or mules)
• Chains, pointed rings, metal spikes, clothing, or attire restricting physical movement, etc.
• Outdoor apparel, coats/jackets, and backpacks must be stored in the student’s locker until the end of the day.

• The staff will ask students to remove headwear (except for religiously mandated attire). Hooded clothing is not permissible. Bonnets, doo rag, sleep caps, baseball caps, sun visors and other headwear are not permissible.

• Shirts/tops should cover at least the areas in the image below. Clothing should not be transparent.

• Skirts/dresses and shorts must cover the image below — roughly at least to finger length.

Clothing which is contrary to district policy:

Clothing that is contrary to district policy is not permissible, including clothing that advertises or promotes smoking, alcohol, or the illegal use of drugs; clothing reasonably likely to be perceived as promoting racial, ethnic, or religious discrimination or intolerance; clothing reasonably likely to be perceived as advertising or promoting illegal behavior; clothing reasonably likely to be perceived as obscene, lewd, vulgar, or plainly offensive, etc.

Student Dress Code Expectations:

1. Adhere to the student dress code
2. Exemplify proper grooming standards in a manner that projects an appropriate image for the student, the school, and the Pontiac School District.

Students who violate the Pontiac School District’s dress code may be subject to discipline according to the Student Code of Conduct.

Students Violating the Dress Code:

1. Students will be asked to change into clothes that comply with the Pontiac School District’s dress code immediately.
   1. Students may check their locker/gym locker for a change of clothes.
   2. When applicable, students may be given clothes from school closet.
2. If necessary, parents/guardians will be called to bring proper clothing so that the student may resume his/her regular schedule.
3. Repeated violations of the dress code will also be treated as a violation of the district dress code expectations. (po 5511)

The Pontiac School District acknowledges the right of a parent that a student be exempted from the mandatory dress code requirement on the basis of a religious objection.

All lockers assigned to pupils are the property of the school district. At no time does the school relinquish its exclusive control of its lockers. The school principal or his/her designee shall have custody of all combinations to all lockers or locks. Pupils are prohibited from placing locks on any locker without the advance approval of the public school principal or his/her designee.

Random searches of school lockers and their contents may have a positive impact on deterring violations of school rules/working agreements and regulations, ensure proper maintenance of school property, and provide greater safety and security for pupils and personnel. Accordingly, the board authorizes the school principal or his/her designee to search lockers and locker contents at any time, without notice, and without parent/guardian or pupil consent.

The school principal or his/her designee shall not be obligated to, but may, request the assistance of a law enforcement officer in conducting a locker search. The school principal or his/her designee shall supervise the search.

In the course of a locker search, the school principal or his/her designee shall respect the privacy rights of the pupil regarding any items discovered that are not illegal or against school policy and rules/ working agreements.

Metal Detector Searches

The administration is authorized to use stationary or mobile metal detectors at any time during the day whenever:

• The administration in any school has reasonable suspicion to believe that weapons or dangerous objects are in the possession of unidentified students; OR
• There has been a pattern of weapons or dangerous objects found at school, on school property, at functions, or in the vicinity of a school; OR
• When violence involving weapons has occurred at a school or on school property, at school functions, or in the vicinity of a school.

Student Rights When Questioned By the Police

Building principals or designees are authorized to allow police officers and identified officials from the court to interview students on official business. Police officers can search students and make official arrests if deemed necessary by law. When applicable, the building principal or designee will be present during official police interviews. The principal or designee will inform parents of this questioning.

Bus Service Eligibility

Bus service is provided for elementary age students (grades K-5) residing one mile or more from school.

Middle school and high school students (grades 6-12) are required to walk up to a one and one-half (1.5) mile radius from the school. Exceptions are made only when safety concerns are identified by the transportation office.

Rules for School Bus Riders

Students are required to:

• Be on time at the bus stop. Bus passengers should arrive at the bus stop ten minutes before the bus is scheduled to arrive. Buses will promptly depart all schools seven minutes after dismissal times.
• Remain behind the curb until the bus comes to a complete stop.
• Stay seated when the bus is in motion.
• Remember that no part of the body is allowed to extend from a window.
• Abstain from eating or drinking on the bus.
• Avoid loud talking, shouting, profanity, fighting, or disturbing and distracting behavior.
• Leave their seats only after the bus has come to a complete stop.
• Help keep the bus clean.
• Pay for any damage to the bus that they cause.
• Be courteous and obedient to bus drivers.

Special needs, preschool, and kindergarten students must be received by a parent or guardian. No one under the age of 12 is allowed to receive a special needs, preschool, or kindergarten student. The following are standard actions that will generally be applied uniformly in response to documented incidents:

• 1st Offense: Written warning and documentation issued
• 2nd Offense: Phone conference with parent/guardian
• 3rd Offense: Suspension of bus privileges for up to five days pending a meeting with a parent/guardian, transportation representative, and school administrator
• 4th Offense: Suspension of bus privileges for ten days or more, depending upon the nature of the offense; State and Local Agency (Child Protective Agency) notified of neglect
• 5th Offense: Services indefinitely suspended until further notice

8640 - TRANSPORTATION FOR FIELD AND

OTHER DISTRICT-SPONSORED TRIPS

The transportation for all field and other District-sponsored trips is to be by vehicles owned or approved by the District and driven by approved drivers. Exceptions must have the approval of the Superintendent.

[A] The District shall assume transportation costs for

(1 ) a certain number of approved field trips as specified in the Superintendent’s administrative guidelines.

For all other trips including co-curricular, athletic, and other extra-curricular trips, the District:

[A] Will assume the transportation costs.

[B ] Transportation may be limited by the availability of vehicles, drivers, and scheduling and will not be available when needed for general school purposes.

[C ] All field trips shall be supervised by members of the staff. All other District-sponsored trips shall be supervised by either staff members or adults from the sponsoring organization. Any time students are on the vehicle, at least one (1) sponsor, chaperone, or staff member is expected to ride in the vehicle as well as to supervise students upon return to the District and while they are waiting for rides home.

[D ] All students are expected to ride the approved vehicle to and from each activity. A special request must be made to the staff member or sponsor by the parent, in writing or in person, to allow an exception.

[E ] District students not affiliated with the trip activity, nondistrict students, and/or children of preschool age shall not be permitted to ride on the trip vehicle.

[F ] No student is allowed to drive on any trip. An exception may be made by the principal on an individual basis provided the student has written parental permission.

(1) and does not transport any other student.

The Superintendent shall prepare administrative guidelines to ensure that all transportation is in compliance with Board policy on use of District vehicles and/or use of private vehicles.

© Neola 2019

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TECHNOLOGY RESOURCES ACCEPTABLE USE AGREEMENT:

All Student users of Pontiac School District Technology Resources are required to sign the Student Acceptable Use Agreement in order to receive authorization to use School District Technology Resources as defined in the School District’s procedures for the Student Education Technology Acceptable Use and Safety. The School District does not authorize any use of School District Technology Resources or Personal Communication Devices (PCD) which is not conducted in strict compliance with this Agreement and the School District’s Procedures for the Student Education Technology Acceptable Use and Safety. Please see the complete Technology Agreement and Procedures on the district website. Board Policy 7540.03

https://go.boarddocs.com/mi/pont/Board.nsf/Public?open&id=policies#

SCHOOL DISTRICT OF THE CITY OF PONTIAC ADMINISTRATIVE PROCEDURES GOVERNING

1. The Administration has the discretion to prohibit, allow, and otherwise regulate the use of PCDs during the school day. In that regard, it is the responsibility and right of teachers and staff to monitor all use of PCDs on school property.
2. Each teacher has the discretion to allow, regulate, or deny the use of PCDs in their classrooms by their students. In the classroom, and only if given permission by their teacher, students may use PCDs solely for the purpose of accessing materials that are relevant to the classroom curriculum. Students shall not record, transmit, or post images or a video of a person or persons on campus during school activities and/or hours, unless provided with written authorization by a teacher or administrator.
3. The use of cellular phone cameras or audio recording features on any PCD is especially prohibited in the following areas/situations: locker rooms, bathrooms, and private areas used for the purpose of changing clothes, or any other areas designated by the administration. Any such use will be reported and dealt with by the Oakland County Sheriff’s Department and/or the Oakland County Prosecuting Attorney.
4. Students shall not use PCDs to cheat on assignments or tests or send and receive information from other mobile devices.
5. Students are not allowed to enable “hot spots” and tethering while in the school building.
6. Students shall not play video games, visit chat rooms, or otherwise use PCDs on school property or any purpose.
7. Students shall not use PCDs in any school building on any school day. Throughout the school day, all personal electronic devices shall be turned off and out of sight. (For PE/gym classes, the phones need to be locked and secured in the gym locker. It cannot be seen or heard during the class hour.)

8. By allowing students to carry PCDs into buildings, students and their families acknowledge that possession of any such devices is not a right, but rather a privilege; this privilege may be forfeited at the District’s discretion, for any reason or no reason at all, but especially if any student fails to abide by the terms of these Administrative Procedures.

9. Students and their families further acknowledge that they are consenting to a search of any student’s PCD by school officials when the need to conduct a search is determined.

    

CONSEQUENCES FOR VIOLATION OF PCD

USE/POSSESSION POLICY

If a student is found to be in violation of these Administrative Procedures or Policy 5136, the PCD WILL BE confiscated by school personnel. Parents will be required to pick up a student’s PCD. PCDs will NOT be returned to students.

First Violation: The PCD will need to be picked up by parent/guardian and kept home for 7 calendar days. The student will lose her/his privilege to possess any PCD for 7 calendar days and it must be picked up ONLY by a parent/guardian.

Second Violation: The PCD will need to be picked up by parent/guardian and kept home for 28 calendar days. The student will lose her/his privilege to possess any PCD for 28 calendar days and it must be picked up ONLY by a parent/guardian.

Third Violation: The PCD will need to be picked up by parent/guardian and kept home until the end of the school year/semester and it must be picked up ONLY by parent/guardian.

Fourth and Future Violations: The PCD will need to be picked up by parent/guardian and kept at home until the end of the school year. The student will lose her/his privilege to possess any PCD indefinitely.

CONSEQUENCES FOR REFUSAL TO TURN IN PCDS

If student and/or parent refuses to relinquish his/her PCD when requested, the incident will be considered insubordination and, in addition to any penalty given in paragraph 10, above, the student will suffer suspension as follows:

• First Violation Refusal: Automatic one day suspension and parent meeting for the student to return
• Second Violation Refusal: Automatic three day suspension and parent meeting for the student to return
• Third Violation Refusal: Automatic five day suspension and parent meeting for the student to return

At times, students become habitual discipline problems involving persistent disobedience and class disruption. When efforts to effect a change in behavior, including parent contact, have been tried and the student’s behavior continues to disrupt the educational progress of others, it may be necessary to place the student on a behavior intervention. The school will adhere to the following Intervention Process:

Problem Solving Steps

Step 1: Problem Identification (What’s the problem?)

Based on the available information, the team identifies the specific concerns and goals:

1. What is the student doing that is problematic (observable behaviors)?
2. To what extent (i.e., frequency) are these behaviors occurring?
3. What broad goals (academic/social behaviors to be decreased AND increased) does the team hope to achieve through intervention.

Members of the behavioral support team gather information through a variety of sources including a review of existing records, interviews of support providers, and direct observation of patterns, antecedents, contexts, and consequences.

Step 2: Problem Analysis (Why is it occurring?)

The team uses the information to create summary statements or hypotheses that describe relationships between the student’s behaviors of concern and aspects of the environments.

These statements include:

1. When, where, and with whom the behavior is most/least likely to occur;
2. What happens following the behavior (what they get or avoid); and
3. Other variables that appear to be affecting the person’s behavior.

Step 3: Intervention Design (What are we going to do about it?)

A plan is developed, based on the summary statements, to address the behavioral concerns and fit within the environments in which it will be used. The behavioral support plan [for students who have Individual Education Plans (IEPs)] this may also serve as the Behavior Intervention Plan (BIP)] includes:

1. A measure of the student’s strengths;
2. Clear goals for the intervention(s);
3. Adjustments to the environment that reduce the likelihood of the problem;
4. Teaching replacement skills and building general competencies;
5. Contingent consequences to promote positive behaviors and deter problems; and
6. A crisis management plan (if needed).

Step 4: Response to Intervention (Is it working?)

The team works together to ensure that the plan is implemented with consistency and is effective in achieving the identified goals. The team identifies the training and resources needed, determines how to evaluate outcomes (consistent data collection), determines who is responsible for monitoring implementation, and determines how often to review data-making adjustments in the plan, as needed.

Corrective Measures

Definition: School authorities will take necessary action to assist the student to modify inappropriate behavior prior to recommendations for out-of-school suspension. Such corrective measures may include, but not be limited to, the following:

Bullying/Cyberbullying

Bullying/cyberbullying means any written, verbal, or physical act, or any electronic communication, including but not limited to cyberbullying, that is intended to (or that a reasonable person would know is likely to) harm one or more pupils either directly or indirectly by doing any of the following:

• Substantially interfering with educational opportunities, benefits, or programs of one (1) or more pupils.
• Adversely affecting the ability of a pupil to participate in or benefit from the school district’s or public school’s educational programs or activities by placing the pupil in reasonable fear of physical harm or by causing substantial emotional distress.
• Having an actual and substantial detrimental effect on a pupil’s physical or mental health.
• Causing substantial disruption in, or substantial interference with, the orderly operation of the school.

Definition of Bullying

Bullying includes, but is not limited to:

• Attack or intimidation with the intention to cause fear, distress, or harm that is either:
  • Physical (e.g., hitting, punching)
  • Verbal (e.g., name-calling, teasing)
  • Psychological/relational (e.g., rumors, social exclusion)
• A real or perceived imbalance of power between the bully and victim.
• Repeated attacks or intimidation between the same children over time.

1. A. teasing;

   B. threats;

   C. intimidation;

   D. stalking;

   E. cyberstalking;

   F. cyberbullying;

   G. physical violence;

   H. theft;

   I. sexual, religious, or racial harassment;

   J. public humiliation; or

   K. destruction of property.

Bullying can occur in person or through technology, called “electronic aggression” or “cyberbullying.”Types of bullying may include, but are not limited to:

• Verbal bullying including unwanted teasing, derogatory comments, rumor/falsehood spreading, and bad names
• Physical bullying such as hitting, kicking, shoving, spitting, and destruction of school or personal property
• Having money or other things taken or damaged by students who bully
• Being threatened, intimidated, or forced to do things by students who bully
• Cyberbullying (via cell phone or internet)

Definition of Cyberbullying

Cyberbullying is any type of harassment or bullying (i.e., teasing, telling lies, making fun of someone, making rude or mean comments, spreading rumors, or making threatening or aggressive comments) that occurs through e-mail, a chat room, instant messaging, any website (including blogs), text messaging, videos, or pictures posted on websites or sent through cell phones. Cyberbullying differs from traditional bullying. It is highly accessible and can occur at any time, both at school and at home.

Messages/images can be distributed to a wide audience very quickly. Cyberbullying is often anonymous, making it difficult to identify the perpetrator and therefore may encourage youth to engage in behavior that they wouldn’t do face-to-face. Youth may be nervous to report cyberbullying because they fear adults will limit their access to technology. Bystanders and witnesses to cyberbullying are anonymous, viewing the harmful material on a website, but not dealing with it face-to-face.

Types of cyberbullying may include, but are not limited to:

• Flaming: Online fights using electronic messages with angry and vulgar language
• Harassment: Repeatedly sending offensive, rude, and insulting messages
• Cyberstalking: Repeatedly sending messages that include threats of harm or are highly intimidating; engaging in other online activities that make a person afraid for his or her own safety
• Denigration: Putting someone down online; sending or posting cruel gossip or rumors about a person to damage his or her reputation or friendships
• Impersonation: Pretending to be someone else and sending or posting material online that makes that person look bad, gets that person in trouble or danger, or damages that person’s reputation or friendships
• Outing and Trickery: Sharing someone’s secret or embarrassing information online; tricking someone into revealing secrets or embarrassing information, which is then shared online
• Exclusion: Exclusion is the act of intentionally singling out and leaving a person out from an online group such as chats and sites. The group then subsequently leave malicious comments and harass the one they singled out Intentionally excluding someone from an online group, like a “buddy list”

It is the policy of the District to provide a safe and nurturing educational environment for all of its students. A student shall not engage in bullying or cyberbullying any student for any reason in a classroom, elsewhere on school premises, on a school bus, or at another school-related sponsored activity or event whether or not it is held on school premises. “At school” includes conduct using a telecommunications access device or telecommunications service provider that occurs off school premises if the telecommunications device or the telecommunications service provider is owned by or under the control of the school district.

“Telecommunications access device” and “telecommunications service provider” mean those terms as defined in section 219a of the Michigan penal code, 1931 PA 328, MCL 750.219a.

Bullying or cyberbullying toward a student, whether by other students, staff, or third parties, including board members, parents, guests, contractors, vendors, and volunteers, is strictly prohibited.

Demonstration of appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment or bullying is expected of administrators, faculty, staff, and volunteers to provide positive examples for student behavior.

This policy applies to all “at school” activities in the District, including activities on school property, in a school vehicle, and those occurring “off school” property if the student or employee is at any school-sponsored, school-approved, or school-related activity or function, such as field trips or athletic events where students are under the school’s control, or where an employee is engaged in school business.

Misconduct occurring outside of school may also be subject to discipline if it interferes with the school environment.

Procedure for Addressing Bullying/Cyberbullying

Administration and Staff to Whom Students Can Report Concerns

• Principal - determine if necessary to report to district administrator or Board official
• Assistant Principal - is responsible for reporting to Principal
• Counselor - is responsible for reporting to appropriate administrator or Board official
• Teacher - is responsible for reporting to appropriate administrator or Board official

Administration and Staff to Whom Students Can Report Concerns

• Principal - determine if necessary to report to district administrator or Board official
• Assistant Principal - is responsible for reporting to Principal
• Counselor - is responsible for reporting to appropriate administrator or Board official
• Teacher - is responsible for reporting to appropriate administrator or Board official

Complaints Reporting

• Complaints against Building Principal - file with Superintendent
• Complaints against Superintendent - file with School Board President

Ways to File Reports

• Written Reports
• Telephone Reports
• Personal Visit Reports
  • OK2SAY Program through State of Michigan (anonymous reporting tools)
  • CALL 855-565-2729
  • TEXT 652729
  • E-MAIL ok2say@mi.gov
  • FROM THE WEBSITE www.mi.gov/ok2say

What Should Be included in Reports

• Name of person(s) believed to be responsible for the harassment
• Nature of the incident(s)

Notification

Parents or legal guardians of the alleged victim(s), as well as of the alleged aggressor(s), shall be promptly notified of any complaint relative to the investigation to the extent consistent with student confidentiality requirements. A record of the time and attempts of notification shall be kept in the investigation file.

To the extent appropriate and/or legally permitted, confidentiality will be maintained during the investigation process. However, a proper investigation will, in some circumstances, require the disclosure of names and allegations. Further, the appropriate authorities may be notified, depending on the nature of the complaint and/or the results of the investigation.

Non-Retaliation/False Reports

Retaliation or false allegations against any person who reports or is thought to have reported, files a complaint, participates in an investigation or inquiry concerning allegations of bullying or aggressive behavior (as a witness or otherwise), or is the target of the bullying/cyberbullying behavior being investigated is prohibited and will not be tolerated. Such retaliation shall be considered a serious violation of the Board policy, independent of whether a complaint of bullying/cyberbullying is substantiated. Suspected retaliation should be reported in the same manner as bullying/cyberbullying.

Making intentional false reports about bullying/cyberbullying behavior for the purpose of getting someone in trouble is similarly prohibited and will not be tolerated. Retaliation and intentionally false reports may result in disciplinary action as indicated above.

Harassment

The Pontiac School District will not tolerate illegal discrimination, harassment, or bullying. Any student of the Pontiac School District who believes that he/she has been discriminated against, denied a benefit, or excluded from participation in any district educational program or activity on the basis of sex (including sexual harassment, as discussed below); race; color; religion; national origin; age; height; weight; marital status; ancestry; gender; sexual orientation; gender identity or expression; or mental, physical, or sensory handicap or physical characteristic shall immediately report his or her complaint to the building principal or the deputy superintendent. The complaint will be promptly investigated.

Harassment means any threatening, insulting, or dehumanizing gesture, use of technology, or written, verbal, or physical conduct directed against a student or school employee that:

• Places a student or school employee in reasonable fear of harm to his/her person or damage to his/ her property
• Has the effect of substantially interfering with a student’s educational performance, opportunities, or benefits, or an employee’s work performance
• Has the effect of substantially disrupting the orderly operation of a school

Harassing conduct may take many forms, including:

• Verbal acts and name-calling
• Graphic and written statements, which may include use of cell phones or the internet
• Other conduct that may be physically threatening, harmful, or humiliating

Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. Harassment creates a hostile environment when the conduct is sufficiently severe, pervasive, or persistent so as to interfere with, or limit a student’s ability to, participate in or benefit from the services, activities, or opportunities offered by a school.

Sexual Harassement

Sexual harassment of students by other students or by employees of the District is unlawful and strictly prohibited. It is the policy of this school district that all contact between students, teachers, or other adult employees of this district reflect respect for the individual student, and be conducive to creating a stable and positive learning environment.

Pursuant to Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972, “sexual harassment” is defined as:

Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physicalconduct of a sexual nature, when:

• Submission to such conduct is made either implicitly or explicitly a term or condition of an individual’s employment, or status in a class, educational program, or activity.
• Submission or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual.
• Such conduct has the purpose or effect of interfering with the individual’s work or educational performance; of creating an intimidating, hostile, or offensive working and/or learning environment; or of interfering with one’s ability to participate in or benefit from a class or an educational program or activity.

Sexual harassment may involve the behavior of a person of either gender against a person of the same or opposite gender. Prohibited acts that constitute sexual harassment may take a variety of forms. Examples of the kinds of conduct that may constitute sexual harassment include, but are not limited to:

• Unwelcome sexual propositions, invitations, solicitations, and flirtations.
• Unwanted physical and/or sexual contact.
• Threats or insinuations that a person’s employment, wages, academic grade, promotion, classroom work or assignments, academic status, participation in athletics or extra-curricular programs or events, or other conditions of employment or education may be adversely affected by not submitting to sexual advances.
• Unwelcome verbal expressions of a sexual nature, including graphic sexual commentaries about a person’s body, dress, appearance, or sexual activities; the unwelcome use of sexually degrading language, jokes, or innuendoes; unwelcome suggestive or insulting sounds or whistles; obscene telephone calls.
• Sexually suggestive objects, pictures, videotapes, audio recordings, or literature placed in the work or educational environment, which may embarrass or offend individuals.
• Unwelcome and inappropriate touching, patting, or pinching, or obscene gestures.
• A pattern of conduct, which can be subtle in nature, that has sexual overtones and is intended to create or has the effect of creating discomfort and/or humiliation to another.
• Remarks speculating about a person’s sexual activities or sexual history, or remarks about one’s own sexual activities or sexual history.

Anti-Harassment Compliance Officers

The Board designates the following individuals to serve as Anti-Harassment Compliance Officers for the District. They are hereinafter referred to as the “Compliance Officers.”

5512 - USE OF TOBACCO BY STUDENTS

The Board of Education recognizes that the use of tobacco presents a health hazard which can have serious consequences both for the user and the nonuser and is, therefore, of concern to the Board.

In order to protect students and employees who choose not to use tobacco from an environment noxious to them and potentially damaging to their health, the Board prohibits the use of tobacco on District premises, in District vehicles, and in all school buildings owned and/or operated by the District.

The Board prohibits the use or possession of tobacco products by students in District buildings, on District property (owned or leased), on District buses, and at any District-related event.

For purposes of this policy:

A. “tobacco product” means a preparation of tobacco to be inhaled, chewed, or placed in a person’s mouth;

B. “use of a tobacco product” means any of the following:

1. the carrying by a person of a lighted cigar, cigarette, pipe, or other lighted smoking device;
2. the inhaling or chewing of a tobacco product;
3. the placing of a tobacco product within a person’s mouth;
4. the smoking of electronic, “vapor,” or other substitute forms of cigarettes, clove cigarettes or other lighted smoking devices for burning tobacco or any other substance.

The term “tobacco” includes any product that contains tobacco, is derived from tobacco, contains nicotine, or e-cigarettes and other electronic smoking devices (including but not limited to “JUUL’s”), but does not include any cessation product approved by the United States Food and Drug Administration for use as a medical treatment to reduce or eliminate nicotine or tobacco dependence.

In order to protect students and staff who choose not to use tobacco from an environment noxious to them, the Board prohibits the possession, consumption, purchase, or attempt to purchase and/or use of tobacco or tobacco substitute products by students at all times (twenty-four (24) hours a day, seven (7) days a week) on Board premises, in Board-owned vehicles, within any indoor facility owned or leased or contracted for by the Board, and/or used to provide education or library services to children, and at all Board sponsored events.

This prohibition extends to any Board-owned and/or operated vehicles used to transport students and to all other Board-owned and/or operated vehicles. Such prohibition also applies to:

A. school grounds,

B. athletic facilities,

C. any school-related event, and

D. on or off Board premises.

Advertising/Promotion

• In accordance with Policy 9700.01, tobacco advertising is prohibited on school grounds, in all school-sponsored publications, and at all school-sponsored events.
• Tobacco promotional items that promote the use of tobacco products, including clothing, bags, lighters, and other personal articles are not permitted on school grounds, in school vehicles, or at school-sponsored events.

Notification

• Policy requires posting of “No Tobacco” signs throughout the District
• This policy must be posted in building “student” handbooks as well.
• Athletic Director - Announcements made during home athletic events both before the event and during intermission
• Principals - Announcements made during School functions where deemed appropriate

Attendance Procedures

We believe in the value of every student in every class, every day. Regular attendance in class is of vital

importance for a student to succeed in school. School attendance is the joint responsibility of the students, parents, and school.

Absences: Excused absences are absences excused by a parent/guardian within 24 hours of the absence, but not later than the next school day following the absence. Failure to contact the school by calling will result in an UNEXCUSED absence.

1. To excuse an absence, a parent/guardian must call the school office.
2. Exempt absences are absences due to school-sanctioned activities. These absences do not count toward a student’s total number of absences in a class.

The District considers the following factors to be reasonable excuses for time missed at school:

A. Illness

B. Recovery from accident

C. Required court attendance

D. Professional appointments

E. Death in the immediate family

F. Observation or celebration of an official religious holiday

G. Such other good cause as may be acceptable to the Superintendent

The Superintendent shall require, from the parent of each student, or from an adult student who has been absent for any reason, a written statement and/or confirmation of the cause a form of communication/contact regarding the cause for the absence. The Board reserves the right to verify such statements and to investigate the cause of each:

A. single absence;

B. prolonged absence;

C. absence of more than three (3) days duration;

D. repeated unexplained absence and tardiness.

The Board may report to the Intermediate School District infractions of the law regarding the attendance of students below the age of eighteen (18). Repeated infractions of Board policy requiring the attendance of enrolled students may result in the suspension or expulsion of the student from the District program.

Tardy

1.  Please call the school office to excuse a tardy.
2. Students arriving late must check in the office to obtain a pass to class.
3. If a student is late to class without a pass, they will be sent to the office.
4. The 4th unexcused tardy will result in a referral.
5. Only 4 tardies per marking period may be excused.

Late Arrival and Early Dismissal

It is necessary that a student be in attendance throughout the entire school day in order to benefit fully from the educational program of the District.

The Board of Education recognizes, however, that from time-to-time compelling circumstances require that a student be late to school or dismissed before the end of the school day.

As agent responsible for the education of the children of this District, the Board shall require that the school be notified in advance of such absences by written or personal request of the student’s parent, which shall state the reason for the tardiness or early dismissal. Justifiable reasons shall be determined by the principal.

If one (1) parent has been awarded custody of the student by the courts, the parent of custody shall provide the school with a copy of the custody order and inform the school in writing of any limitations in the rights of the noncustodial parent. Absent such notice, the school will presume that the student may be released into the care of either parent.

No student who has a medical disability, which may be incapacitating, may be released without a person to accompany him/her.

No student shall be released to anyone who is not authorized such custody by the parents. Presentation of photo identification is required of anyone authorized such custody. (See Form 5230 F1).

Unexcused Absences

An unexcused absence may result in the following actions:

After 5 School Days

• Parents/Guardian will be notified by the teachers/counselors and/or the school’s secretary of absences.
• Students will meet with a school counselor or a school attendance team member to develop an attendance support plan.
• A communication letter will be sent home to the parent/guardian by school personnel.

After 10 School Days

• Teachers/counselors and/or the school’s secretary will notify parent/guardian of absences. Students will be referred to the school administrator for a meeting with the student, the parent/guardian, and/ or the school’s Attendance Agents, Communities In Schools (CIS) staff, Community Schools Coordinator (CSC) staff, and/or Pontiac Youth Assistance (PYA) staff.
• Appropriate staff will submit necessary referrals for services.
• A communication will be sent home to the parent/guardian by school personnel.

After 15 School Days

• An informal referral will be made to the Attendance Agents and/or Truancy Officer by school personnel.
• A communication will be sent home to the parent/guardian by school personnel.

After a student reaches 20 or more school day absences, their grades may be affected and a truancy or educational neglect petition may be filed with the Oakland County Family Court and/or the Oakland County Prosecutor’s Office.

If the attendance problem continues, an educational neglect petition may also be filed and Pontiac School District designees may report the absences to the Oakland Intermediate School District for further action.

Attendance Regulations

Regular and punctual attendance is essential to a quality educational experience. All students are required to be in school every day and on time for each class. Attendance need not always be within the school facilities, but a student will be considered to be in attendance if present at any place (i.e. virtual instruction) where school is in session by the authority of the Board. Any absence from class not approved by a school official or justified by a written note by a parent or guardian, or contact made to a parent or guardian by a school official, will be identified as an unexcused absence.

A. ensure that students absent for any excusable reason have an opportunity to make up work they missed;

B. ensure the student is not given a failing grade or his/her credit is not unconditionally revoked where lack of attendance is the sole or primary determining factor, but which allow a reduction in grade or denial of credit if the student does not make appropriate use of make-up sessions provided by the instructor or administrator.

C. identify the habitual truant, investigate the cause(s) of his/her behavior, and consider modification of his/her educational program to meet particular needs and interests;

D. ensure that any student who, due to a specifically identifiable physical or mental impairment, exceeds or may exceed the District’s limit on excused absence is referred for evaluation for eligibility either under the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act of 1973.

Such guidelines should provide that a student’s grade in any course is based on his/her performance in the instructional setting and is not reduced for reasons of conduct. If a student violates the attendance or other rules of the school, s/he should be disciplined appropriately for the misconduct, but his/her grades should be based upon what the student can demonstrate s/he has learned.

Truancy from school and/or class will result in any of the following student support services provided by the school:

• Teacher and/or administrator conference with the parent/guardian
• Referral/conference to the attendance officer
• Referral to an outside agency (Youth Assistance)
• Referral to the proper authorities

Truancy: Under the legislation (Senate Bills 103-106 regarding Truancy VS. Chronic Absenteeism) truancy is defined as a child who has 10 or more unexcused absences per school year. A pupil may be considered truant only once in a particular school year. Chronically absent is defined as a child who is absent for 10 percent or more of the scheduled school days in a school year.

Sec. 1561.

1. Except as otherwise provided in this section, for a child who turned age 11 before December 1, 2009 or who entered grade 6 before 2009, the child’s parent, guardian, or other person in this state having control and charge of the child shall send that child to a public school during the entire school year from the age of 6 to the child’s sixteenth birthday. Except as otherwise provided in this section, for a child who turns age 11 on or after December 1, 2009 or a child who was age 11 before that date and enters grade 6 in 2009 or later, the child’s parent, guardian, or other person in this state having control and charge of the child shall send the child to a public school during the entire school year from the age of 6 to the child’s eighteenth birthday. The child’s attendance shall be continuous and consecutive for the school year fixed by the school district in which the child is enrolled. In a school district that maintains school during the entire calendar year and in which the school year is divided into quarters, a child is not required to attend the public school more than 3 quarters in 1 calendar year, but a child shall not be absent for 2 or more consecutive quarters.
2. A child becoming 6 years of age before December 1 shall be enrolled on the first school day of the school year in which the child’s sixth birthday occurs, and a child becoming 6 years of age on or after December 1 shall be enrolled on the first school day of the school year following the school year in which the child’s sixth birthday occurs.
3. A child is not required to attend a public school in any of the following cases:

Care of Students with Chronic Health Conditions

Students with chronic health conditions will be provided with a free appropriate public education. If their

impairment does not require specially designed instruction for them to bene t educationally, they will be eligible for accommodations/modi cations/interventions of the regular classroom, curriculum, or activity (in the school setting) so that they have the same access to education as students without disabilities.

Such accommodations/modi cations/interventions will be provided pursuant to a Section 504 Plan (Form 2260.01 F13).

Chronic health conditions, for the purposes of this policy, shall include:

A. “Peanut” and other food

B.  Allergies

C.  Asthma

D.  Diabetes

E.  Epilepsy and

F.  Sickle Cell

The District will coordinate school health practices for management of a chronic health condition and shall provide for:

A. identification of individuals with chronic health conditions;

B. coordination of healthcare management activities by school staff;

C. communication among school staff who interact with children with chronic health conditions;

D. development of protocols to prevent exposure/episodic reactions;

E. awareness and training of school staff regarding Board policy on acute and routine management of chronic health conditions, information on signs and treatment of chronic health conditions, medication and administration, and emergency protocols for dealing with reactions in “unusual” situations such as field trips.

School health practices shall provide students with chronic health conditions the opportunity for:

A. modified activities as indicated by the student’s health care action plan, 504 plan, or Individualized Education Plan (IEP);

B. access to preventative medications before activity (as prescribed by their medical providers) and immediate access to emergency medications during activity;

C. communication regarding student health status between parents, physicians, teachers (particularly physical education teachers), and coaches.

Healthcare management activities shall include:

A. procedures to obtain, maintain, and utilize written health care action plans, signed by the child’s parents and physician, for each student with a chronic health condition;

B. a standard emergency protocol in place for students experiencing a distress reaction if they do not have a written health care action plan on site;

C. established communication strategies for students to use to tell an adult they may be having a health-related problem;

D. procedures for students to have immediate access to medications in accordance with Policy 5330 and AG 5330 that allow students to self-care and self-administer medications, inhalers, and Epi-pens, as prescribed by a medical professional and approved by parents/guardians;

E. prevention strategies to avoid causal elements.

Staff will be trained about chronic health conditions and their control at least annually districtwide.

District nurses staffed by Special Services, who have responsibility for specialized services such as giving inhaler treatments or injections, or conducting glucose and/or ketone tests shall be provided training specific to the procedures, at least annually, by a licensed health professional.

The principal and nurses and shall maintain a copy of the training program and the records of training completed by school employees.

Administrative guidelines shall provide guidance for the implementation of this policy.

Make-Up Work

Excused Absences: It is the responsibility of the student to make up any required work and tests that have been missed during any excused absence from a regularly scheduled class. The student has five (5) days upon return to make up work.

The student returning from an excused or exempt absence may be required to take a test immediately upon his/her return if the teaching was done, the test date scheduled, and the student was made aware of the test prior to the absence. This also applies to assignments due during a student’s absence.

Unexcused Absences: Make-up privileges are denied and missed tests and quizzes are given a grade of E. Please note that absences cannot be excused after 24 hours.

Absence Resulting from Suspension: Students suspended from school will have the opportunity to make up any work and/or tests missed. For suspensions over three (3) days, in which a make-up packet was provided by the teacher to the office, the work will be due the day the suspended student returns to school. A homework request can be made by calling the office. For suspensions three (3) days or less, the student will receive the make-up work when he/she returns. Students will have one (1) day for each day suspended to make up the work.

Student Records

The Family Educational Rights and Privacy Act (FERPA) affords parents and students (over 18 years of age) certain rights with respect to the student’s educational records.

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

• Parents and eligible students have the right to request an amendment to the student’s educational records that the parent or eligible student believes is inaccurate or misleading. They should write the school principal, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
• If the District decides not to amend the record as requested, the District will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. The hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
• Parents and eligible students have the right to consent to disclosures of “personally identifiable information” contained in the student’s educational records, except to the extent that FERPA authorizes disclosure without consent.

• Also, the School District of the City of Pontiac will forward educational records on request (including Discipline Records with respect to suspension or expulsion, and current certification and last program attended for special education students), to another school district in which the student seeks or intends to enroll, without providing further notice of the transfer to the parent or eligible student.

• Unless notified to the contrary, the School District of the City of Pontiac may produce and release without prior permission, Directory Information. “Directory Information” is defined as follows:

1. Student’s name
2. Name(s) of the student’s parent(s)/guardian(s)
3. Student’s address
4. Student’s telephone number
5. Student’s date of birth
6. Student’s grade
7. Student’s participation in recognized activities and sports
8. Awards received by student
9. Weight and height of member of student teams
10. Student’s photograph
11. Previous school district(s) attended by student prior to enrollment in Pontiac School District

• Federal and state law requires all public school districts to make available Student Directory Information (names, addresses, telephone numbers, etc.) of secondary students to military recruiters and/or military service academies unless the school receives a signed, written request from students eighteen (18) years old or older, or a minor student’s parent/guardian, requesting the school/Office of Student Management not to disclose such information.
• Any parent, guardian, or eligible student may prohibit the release of Directory Information by delivering a written objection to the building principal within 30 days of the first day of the school year.

Suspensions and Expulsions

THE STUDENT CODE OF CONDUCT IS IN COMPLIANCE WITH DISTRICT POLICY 5610.01, WHICH ALIGNS WITH MCL 380.1310(c)(d) AS REVISED.

5610.01 - EXPULSIONS/SUSPENSIONS - REQUIRED BY STATUTE

The Board of Education is continually concerned about the safety and welfare of District students and staff and, therefore, will not tolerate behavior that creates an unsafe environment, a threat to safety, or undue disruption of the educational environment.

Factors To Be Considered Before Suspending or Expelling a Student

Prior to suspending or expelling a student for any of the above statutorily mandated reasons, except as noted below, the Board shall consider the following factors:

A. The student’s age

B. The student’s disciplinary history

C. Whether the student has a disability

D. The seriousness of the violation or behavior

E. Whether the violation or behavior committed by the student threatened the safety of any student or staff member

F. Whether restorative practices will be used to address the violation or behavior

G. Whether a lesser intervention would properly address the violation or behavior

The Superintendent or his/her designee will exercise discretion over whether or not to suspend or expel a student for the statutorily mandated reasons. In exercising that discretion for a suspension of more than ten (10) days or expulsion, there is a rebuttable presumption that a suspension or expulsion is not justified unless the Superintendent or his/her designee can demonstrate that it considered each of the factors listed above. For a suspension of ten (10) days or fewer, there is no rebuttable presumption, but the Superintendent or his/her designee will still consider the factors.

Exception: If a student possesses a firearm in a weapon-free school zone, the student will be permanently expelled without considering the above factors, unless the student can establish mitigating factors by clear and convincing evidence.

If the District determines that it will utilize restorative practices in addition to or as an alternative to suspension or expulsion of a student, it will engage in restorative practices which emphasize repairing the harm to the victim and school community caused by the student’s misconduct.

Restorative practices may include victim/offender conferences that:

A. Are initiated by the victim;

B. Are approved by the victim’s parent or legal guardian or, if the victim is at least fifteen (15), by the victim;

C. Are attended voluntarily by the victim, a victim advocate, the offender, members of the school community, and supporters of the victim and the offender (the “restorative practices team”);

D. Would provide an opportunity for the offender to accept responsibility for the harm caused to those affected and to participate in setting consequences to repair the harm, such as requiring the student to apologize; participate in community service, restoration of emotional or material losses, or counseling; pay restitution; or any combination of these.

The selected consequences and time limits for their completion will be incorporated into an agreement to be signed by all participants.

Weapons, Arson, Criminal Sexual Conduct

In compliance with State and Federal law, the Superintendent or his/her designee shall expel any student who possesses a dangerous weapon in a weapon-free school zone in violation of State law or commits either arson or criminal sexual conduct in a District building or on District property, including school buses and other school transportation. For purposes of this policy, a dangerous weapon is defined as “a firearm, dagger, dirk, stiletto, knife with a blade over three (3) inches in length, pocket knife opened by a mechanical device, iron bar, or brass knuckles” or other devices designed to or likely to inflict bodily harm, including, but not limited to, air guns and explosive devices. The term “firearm” is defined as: a) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of the explosive; b) the frame or receiver of any such weapon; c) any firearm muffler or firearm silencer; or d) any destructive device. Such term does not include an antique firearm.

The Superintendent or his/her designee need not expel for possession of a dangerous weapon if the student can establish in a clear and convincing manner to the satisfaction of the Superintendent or his/ her designee that:

A. The object or instrument was not possessed for use as a weapon, or for direct or indirect delivery to another person for use as a weapon;

B. The weapon was not knowingly possessed;

C. The student did not know or have reason to know that the object or instrument possessed constituted a dangerous weapon; ordangerous weapon; or

D. The weapon was possessed at the suggestion, request, or direction of, or with the express permission of, a District administrator or the police.

There is a rebuttable presumption that expulsion for possessing the weapon is not justified if the

Superintendent or his/her designee determines in writing that the student has established that s/he fits under one of the exceptions above by clear and convincing evidence, and that the student has no previous history of suspension or expulsion.

The above exceptions will not apply to student misconduct involving sexual conduct or arson.

Physical and Verbal Assault

The Superintendent or his/her designee shall permanently expel a student in grade six (6) or above if that student commits physical assault at school against a District employee, volunteer, or contractor.

The Superintendent or his/her designee shall suspend or expel a student in grade six (6) or above for up to 180 school days if the student commits physical assault at school against another student.

Physical assault is defined as “intentionally causing or attempting to cause physical harm to another through force or violence.”

The Superintendent or his/her designee shall suspend or expel a student in grade six (6) or above and may discipline, suspend, or expel a student in grade five (5) and below for a period of time as determined at the Superintendent’s or his/her designee’s discretion if the student commits verbal assault at school against a District employee, volunteer, or contractor, or makes a bomb threat or similar threat directed at a school building, property, or at a school-related activity.

Verbal assault is a communicated intent to inflict physical or other harm on another person, with a present intent and ability to act on the threat.

“At school” means in a classroom, elsewhere on school premises, on a school bus or other school- related vehicle, or at a school-sponsored activity or event whether or not it is held on school premises.

Alternative Services

An expelled or suspended student may be enrolled in the District’s Alternative Education Program upon the Superintendent’s recommendation and Board approval. Students who are expelled for dangerous weapons, arson, criminal sexual conduct, or assault upon an employee, volunteer, or contractor and are enrolled in a program operated for expelled students shall be physically separated at all times during the school day from the general student population.

The District may provide appropriate instructional services at home for an expelled student who is not placed in an Alternative Education Program. The type of instructional services provided shall be similar to that provided to homebound or hospitalized students and shall be contracted for in the same manner.

Disabled students under IDEA or Section 504 shall be expelled only in accordance with Board Policy 5605 and Federal due process rights appropriate to these students.

For expulsions for dangerous weapons, arson, criminal sexual conduct, or assault upon an employee, volunteer, or contractor, the Superintendent or his/her designee shall provide that the expulsion is duly noted in the student’s record and that the student has been referred to the Department of Human Services or Mental Health Department within three (3) school days after the expulsion and that the parents have been informed of the referral. Furthermore, the Superintendent or his/her designee shall ensure that if a student who is expelled is below the age of sixteen (16), then notification of the expulsion shall be given to the Juvenile Division of the Probate Court. In compliance with Federal law, the Superintendent or his/her designee shall also refer any student, regardless of age, expelled for possession of a dangerous weapon to the criminal justice or juvenile delinquency system serving the District. In addition, the Superintendent or his/her designee shall ensure that a copy of this policy and Policy 5610 is sent to the State Department of Education as well as a description of the circumstances surrounding the expulsion of a student for possessing a weapon in a weapon-free school zone together with the name of the school, the number of students so expelled, and the types of weapons that were brought into the weapon-free school zone and other reasons listed in Policy 8400.

A student who has been expelled under this policy for dangerous weapons, arson, criminal sexual conduct, or assault upon an employee, volunteer, or contractor may apply for reinstatement in accordance with the following guidelines:

A. If the student is in grade five (5) or below at the time of the expulsion and was expelled for possessing a firearm or threatening another person with a dangerous weapon, the parents, legal guardian, the adult student, or the emancipated minor may submit a request for reinstatement after sixty (60) school days from the date of expulsion, but the student may not be reinstated before ninety (90) school days from the expulsion date.

B. If the student is in grade five (5) or below at the time of the expulsion and was expelled for a reason other than possessing a firearm or threatening another person with a dangerous weapon, the parents, legal guardian, the adult student, or the emancipated minor may submit a request for reinstatement at any time, but the student may not be reinstated before ten (10) school days from the expulsion date.

C. If the student is in grade six (6) or above at the time of the expulsion, the parents, legal guardian, the adult student, or the emancipated minor may submit a request for reinstatement after 150 school days from the date of the expulsion, but the student may not be reinstated before 180 school days from the expulsion date.

D. The parent, adult student, or emancipated minor shall submit the request for reinstatement to the Superintendent or his/her designee on District Form 5610.01 F1.

E. The Superintendent or his/her designee shall, within ten (10) school days after receiving the form, submit the request, together with any other information s/he deems pertinent to the requested reinstatement, to a Superintendent-appointed committee consisting of one (1) Board member, a District principal, a teacher, the District’s general counsel, the District’s Director of Student Services, and at the Superintendent’s discretion, a parent of a student or a Board member.

F. The committee shall, within ten (10) school days after being appointed, review all pertinent information and submit its recommendation to the Superintendent. The recommendation may be for unconditional reinstatement, conditional reinstatement, or non-reinstatement, based on the committee’s consideration of:

1. The extent to which reinstatement would create a risk of harm to students or school personnel;
2. The extent to which reinstatement would create a risk of District or individual liability for the Board or District personnel;
3. The age and maturity of the student;
4. The student’s school record before the expulsion incident;
5. The student’s attitude concerning the expulsion incident;
6. The student’s behavior since the expulsion and the prospects for remediation;
7. If the request was filed by a parent, the degree of cooperation and support the parent has provided and will provide if the student is reinstated, including, but not limited to, the parent’s receptiveness toward possible conditions placed on the reinstatement. Such conditions may, as an example, include a written agreement by the student and/ or a parent who filed the reinstatement request to:

a. Abide by a behavior contract, which may involve the student, his/her parents, and an outside agency;

b. Participate in an anger management program or other counseling activities;

c. Cooperate in processing and discussing periodic progress reviews;

d. Meet other conditions deemed appropriate by the committee;

e. Accept the consequences for not fulfilling the agreed-upon conditions.

The committee may also allow the parent, adult student, or emancipated minor to propose conditions as part of the request for reinstatement.

The Board shall make its decision no later than the next regular Board meeting following the committee’s submission of its recommendations. The Board’s decision shall be final and not subject to appeal.

In the event a student who has been permanently expelled from another school district requests admission to this District, the Board shall, in making its decision, rely upon the recommendation of the Superintendent or his/her designee.

Students expelled for reasons other than dangerous weapons, arson, criminal sexual conduct, or assault upon an employee, volunteer, or contractor may also petition the Board for reinstatement. The Board may, at its discretion, consider the petition in accordance with the procedures set forth above or the standards and the procedures it determines to be appropriate under the circumstances.

The Superintendent shall ensure that Board policies and District guidelines regarding a student’s rights to due process are adhered to when dealing with a possible suspension or expulsion under this policy.

© Neola 2017

5611 - DUE PROCESS RIGHTS

The Board of Education recognizes the importance of safeguarding a student’s constitutional rights, particularly when subject to the District’s disciplinary procedures.

To better ensure appropriate due-process is provided a student, the Board establishes the following guidelines:

A. Students subject to short-term suspension: Except when emergency removal is warranted, a student must be given oral or written notice of the charges against him/her and the opportunity to respond prior to the implementation of a suspension. When emergency removal has been implemented, notice and opportunity to respond shall occur as soon as reasonably possible. The principal or other designated administrator shall provide the opportunity to be heard and shall be responsible for making the suspension decision. An appeal may be addressed to the Superintendent whose decision will be final.

B. Students subject to long-term suspension and expulsion: A student and his/her parent or guardian must be given written notice of the intention to suspend or expel and the reasons therefore, and an opportunity to appear with a representative before the Board to answer the charges. The student and/or his/her guardian must also be provided a brief description of the student’s rights and of the hearing procedure, a list of the witnesses who will provide testimony to the Board, and a summary of the facts to which the witnesses will testify. At the student’s request, the hearing may be private, but the Board must act publicly. The Board shall act on any appeal, which must be submitted in writing, to an expulsion (Policy 5610 and/or Policy 5610.01), to a request for reinstatement (Policy 5610.01), or to a request for admission after being permanently expelled from another district (Policy 5610.01).

The Superintendent shall establish procedures so that all members of the staff use the above guidelines when dealing with students. In addition, this statement of due process rights is to be placed in all student handbooks in a manner that will facilitate understanding by students and their parents.

© Neola 2003

Legal

M.C.L. 380.1310, 380.1311, 280.1310d, 380.1311a

UNACCEPTABLE CONDUCT IS DIVIDED INTO THREE CLASSES OF OFFENSES THAT MAY RESULT IN DISCIPLINARY ACTION FOR STUDENTS UNDER THIS CODE.

Class I Offenses (A) are behaviors that disrupt the educational process, school environment, and/or interfere with teaching and learning.

Class II Offenses (B) are behaviors likely to result in physical altercations, damage to property, and/or interference with the rights of others.

Class III Offenses (C) are behaviors that are considered illegal or extremely dangerous and may lead to the school contacting the appropriate law enforcement agency.

The following list of unacceptable behaviors is meant to be instructive and not all-inclusive. School administration has the authority to deal appropriately with any misconduct not listed below that interferes with the educational process.

For more Information on the above offenses, please click the classes above.  Spanish versions can be found below:

Class I (A) Offenses (Spanish)

Class II (B) Offenses (Spanish)

Class III (C) Offenses (Spanish)

Discipline of Students with IEPs

Students with IEPs must follow the District’s Student Code of Conduct and may be suspended or expelled following specific violations of school policy or state law. Students with IEPs are afforded additional due process rights to assure the District is in compliance with state and federal mandates. A student with an IEP can be suspended for up to 10 school days with no special considerations.

Change of Placement

Once a student with an IEP accumulates more than 10 days of disciplinary removal at any point during the school year, consideration must be given to each additional suspension with respect to whether a change of placement will occur. A change of placement occurs if:

• The removal is for more than 10 consecutive days
• The student has been subjected to a series of removals totaling more than 10 days that constitute a pattern:

a. Because the behavior is substantially similar to the previous incidents that resulted in removals,

b. Or additional factors such as length of each removal, the total removal time, and proximity of removals.

Manifestation Determination Review (MDR)

If a change of placement occurs as a result of disciplinary removal, the school must conduct Manifestation Determination Review (MDR) to determine the relationship between the student’s disability and the behavior subject to discipline. Depending on the relationship between the student’s disability and the behavior that led to the disciplinary removal this review can result in:

• Continuation of the current disciplinary removal
• A change in educational placement/services/supports determined by the IEP team
• Or an immediate return to school

Possible Team Members for MDR

The Manifestation Determination Review is conducted by a multidisciplinary team that may be composed of:

• The parent/guardian of a student with a disability
• At least one general education teacher of the student, if the student is participating in the general education environment
• Special education teacher or case manager
• District administrator/designee
• Other qualified personnel who may be knowledgeable about the student’s disability

Special Circumstances for Removal

The following special circumstances permit the District to unilaterally decide to remove a student from his/ her educational placement, even though the behavior was found to be a manifestation of the student’s ability.

• Weapons
• Illegal drugs
• Serious bodily harm

Discipline of Limited English Proficiency Students

Students with Limited English Proficiency must follow the District’s Student Code of Conduct and may be suspended or expelled following specific violations of school policy or state law. Interpreter support for students with Limited English Proficiency may be afforded to eliminate language barriers in the disciplinary process.

Free and Appropriate Public Education (FAPE)

As a result of a change of placement, the student must be provided a Free and Appropriate Public Education (FAPE) for any days the student is out of school, regardless of the seriousness of the offense. This obligation begins on the 11th day the student is removed from the school.

General Considerations

A. In situations when a student with a disability exhibits behaviors which may result in disciplinary removal, the District will:

1. Refer to district discipline procedures.
2. Provide general education protections.
3. Invoke procedures specific to students with a disability. Count previous removals if any exist.

B. On the date on which the decision is made to make removal that constitutes a change of placement, the District will notify the parent(s) of that decision and provide the parent(s) with a copy of the Pontiac School District’s Special Education Procedural Safeguards.

C. If the District believes that maintaining a student in their current placement as a result of a Manifestation Determination Review (MDR) is substantially likely to result in an injury to the student or others, the District may appeal the decision of the placement of the student by requesting a hearing. The hearing officer may:

1. Return the student to the placement from which the student was removed; or
2. Order a change of placement to an appropriate Interim Alternative Education Setting (IAES) for 45 school days if the situation involves great bodily harm, drugs, or weapons, which may be repeated if the student still poses a threat.

The Director of Special Education will receive all Expulsion Requests for students with IEPs from the building administrators. The Director of Special Education will follow the same procedures outlined for Regular Education students. The Director will review each case prior to referring the case to the District Hearing Officer for an Expulsion Hearing.

Suspension/Expulsion of Students with IEPs

A Manifestation Determination Review (MDR) is the evaluation of the relationship between a student’s disability and overt behavior that is subject to disciplinary action under the District’s Student Code of Conduct that will constitute a change in educational placement during the school year. The same review is required under Section 504 in connection with disciplinary actions that constitute a change in educational placement during the school year. Discipline removals that constitute a change in educational placement require an MDR.

An MDR will be held whenever the District proposes a change of placement as follows:

• A single school removal (suspension) that exceeds ten (10) consecutive days
• Multiple removals (suspensions) that exceed ten (10) school days in accumulation and constitute a pattern based on factors such as:
• Behavior is similar in the various removals
• Length of each removal
• Proximity of the removals
• Total time of removal
• Special circumstances removal
• For drugs, weapons, or serious bodily harm, the school district may, without regard to whether the behavior is determined to be a manifestation, remove (suspend) the student to an interim alternative educational placement for not more than 45 school days.

The Manifestation Determination Review Meeting must:

• Be held within ten (10) school days prior to the school removal (suspension) decision that constitutes a change in educational placement
• Review the relationship between the child’s disability and the behavior subject to disciplinary action under the District’s Code of Conduct. Consider all relevant information in the student’s file including:
  • Evaluation data
  • Discipline history and details of the behavior incident(s)
  • Student’s current IEP
  • Teacher observations
  • Relevant information provided by the parent/guardian

The IEP team makes the Manifestation Determination decision based on two (2) factors:

• Whether the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability and,
• Whether the conduct in question was the direct result of the school district’s failure to implement the IEP.

If the above is affirmatively determined, then the conduct is a manifestation of the student’s disability.

Pontiac School Distrct Personal Communication Devices Policy

5136 - PERSONAL COMMUNICATION DEVICES

While students may possess personal communication devices (PCDs) in school, on school property, during after school activities (e.g., extra-curricular activities), and at school-related functions, they must be powered completely off (i.e., not just placed into vibrate or silent mode) and stored out of sight during school hours.

For purposes of this policy, “personal communication device” includes computers, tablets (e.g., iPads and similar devices), electronic readers (“e-readers”; e.g., Kindles and similar devices), cell phones (e.g., mobile/cellular telephones, smartphones and/or other web- enabled devices of any type. Students may not use PCDs on school property or at a school-sponsored activity to access and/or view Internet web sites that are otherwise blocked to students at school. Students may use PCDs while riding to and from school on a school bus or other Board-provided vehicles or on a school bus or Board-provided vehicle during school-sponsored activities, at the discretion of the bus driver, classroom teacher, or sponsor/advisor/coach. Distracting behavior that creates an unsafe environment will not be tolerated.

Also, during after school activities, PCDs shall be powered completely off (not just placed into vibrate or silent mode) and stored out of sight when directed by the administrator or sponsor.

Under certain circumstances, a student may keep his/her PCD “On” with prior approval from the building principal.

Except as authorized by a teacher, administrator or IEP team, students are prohibited from using PCDs during the school day, including while off-campus on a field trip, to capture, record and/or transmit the words or sounds (i.e., audio) and/or images (i.e., pictures/video) of any student, staff member or other person. Using a PCD to capture, record and/or transmit audio and/or pictures/video of an individual without proper consent is considered an invasion of privacy and is not permitted. Students who violate this provision and/or use a PCD to violate the privacy rights of another person may have their PCD confiscated and held until the end of the school day and may be directed to delete the audio and/or picture/video file while the parent/guardian is present. If the violation involves potentially illegal activity, the confiscated-PCD may be turned-over to law enforcement.

PCDs, including but not limited to those with cameras, may not be activated or utilized at any time in any school situation where a reasonable expectation of personal privacy exists. These locations and circumstances include, but are not limited to, classrooms, gymnasiums, locker rooms, shower facilities, rest/bathrooms, and any other areas where students or others may change clothes or be in any stage or degree of disrobing or changing clothes. The Superintendent and building principals are authorized to determine other specific locations and situations where use of a PCD is absolutely prohibited.

Students shall have no expectation of confidentiality with respect to their use of PCDs on school premises/property.

Students may not use a PCD in any way that might reasonably create in the mind of another person an impression of being threatened, humiliated, harassed, embarrassed or intimidated. See Policy 5517.01 – Bullying and Other Forms of Aggressive Behavior. In particular, students are prohibited from using PCDs to: (1) transmit material that is threatening, obscene, disruptive, or sexually explicit or that can be construed as harassment or disparagement of others based upon their race, color, national origin, sex, sexual orientation, disability, age, religion, ancestry, or political beliefs; and (2) engage in “sexting” - i.e., sending, receiving, sharing, viewing, or possessing pictures, text messages, e-mails or other materials of a sexual nature in electronic or any other form. Violation of these prohibitions shall result in disciplinary action. Furthermore, such actions will be reported to local law enforcement and child services as required by law.

Students are also prohibited from using a PCD to capture, record, and/or transmit test information or any other information in a manner constituting fraud, theft, cheating, or academic dishonesty. Likewise, students are prohibited from using PCDs to receive such information.

Possession of a PCD by a student at school during school hours and/or during extra-curricular activities is a privilege that may be forfeited by any student who fails to abide by the terms of this policy, or otherwise abuses this privilege. Violations of this policy may result in disciplinary action and/or confiscation of the PCD. The building principal will also refer the matter to law enforcement or child services if the violation involves an illegal activity (e.g., child pornography, sexting). Discipline will be imposed on an escalating scale ranging from a warning to an expulsion based on the number of previous violations and/or the nature of or circumstances surrounding a particular violation. If the PCD is confiscated, it will be released/returned to the student’s parent/guardian after the student complies with any other disciplinary consequences that are imposed, unless the violation involves potentially illegal activity in which case the PCD may be turned-over to law enforcement. A confiscated device will be marked in a removable manner with the student’s name and held in a secure location in the building’s central office until it is retrieved by the parent/guardian or turned-over to law enforcement. School officials will not search or otherwise tamper with PCDs in District custody unless they reasonably suspect that the search is required to discover evidence of a violation of the law or other school rules. Any search will be conducted in accordance with Policy 5771 – Search and Seizure. If multiple offenses occur, a student may lose his/her privilege to bring a PCD to school for a designated length of time or on a permanent basis.

A person who discovers a student using a PCD in violation of this policy is required to report the violation to the building principal.

Students are personally and solely responsible for the care and security of their PCDs. The Board assumes no responsibility for theft, loss, or damage to, or misuse or unauthorized use of, PCDs brought onto its property.

Parents/Guardians are advised that the best way to get in touch with their child during the school day is by calling the school office.

Students may use school phones to contact parents/guardians during the school day.

© Neola 2012