Selections from the Georgia Code of Laws and GCPS Processes

O.C.G.A. § 16-11-127.1 provides that it is generally unlawful for any person to carry to or to possess or have under such person’s control while at a school safety zone, school function, or school bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. Any person who is not a licensed weapons holder who violates this subsection shall, upon conviction thereof, be punished by a fine of not more than $10,000, by imprisonment for not less than two nor more than 10 years, or both. Any licensed weapons holder who violates this subsection shall, upon conviction thereof, be guilty of a misdemeanor.

For the purposes of this Georgia Code section, the term “weapon” means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, Bowie knife, switchblade knife, ballistic knife, and any other knife having a blade of two or more inches, straight-edge razor, razor blades, spring stick, metal knucks, blackjack, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them

to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind and any stun gun or taser.

As noted on page 17 under Rule 6 of our district’s Student Conduct Behavior Code:

A student shall be excluded from school for one calendar year for possessing on school grounds or at a school function a firearm or a dangerous weapon (as defined by O.C.G.A. § 16-11-121), provided that all hearing officers, tribunals, panels, administrators, the superin- tendent, and the Gwinnett County Board of Education shall have the discretion to impose a lesser or more harsh, appropriate consequence on a case-by-case basis for any such offense. See O.C.G.A. § 20-2-751; § 20-2-751.1

Any person who commits the offense of battery against a teacher or other school personnel, while engaged in the performance of official duties or while on school property shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000, or both (O.C.G.A. § 16-5-23.1).

The law (O.C.G.A. § 20-2-764 and § 20-2-765) allows teachers and principals to identify students as chronic disciplinary problem students. A chronic disciplinary problem student is a student who exhibits a pattern of behavioral characteristics which interfere with the learning process of students around him or her and which are likely to recur. Any time a teacher or principal identifies a student as a chronic disciplinary problem student, the principal shall notify— by telephone call and by either Certified Mail or statutory overnight delivery with return receipt requested or First-Class Mail— the student’s parent or guardian of the disciplinary problem; invite such parent or guardian to observe the student in the classroom situation; and request at least one parent or guardian to attend a conference with the principal or the teacher or both to devise a disciplinary and behavioral correction plan. A parent or guardian of a student found to have engaged in bullying or physical assault or battery of another person on the school bus must meet with local school officials for the purpose of forming a school bus behavioral correction plan. (O.C.G.A. § 20-2-764; § 20-2-765 and § 20-2-751.5)

For the purposes of determining standing for chronic discipline behaviors, a disciplinary referral shall mean any referral of a student that results in in-school suspension (ISS), assignment to the opportunity room (OR), or out-of-school suspension (OSS). *Note: For the purposes of Chronic Behavior/Rule 12, tardy referrals shall not count as a referral, regardless of consequence.

The law (O.C.G.A. § 20-2-764 and § 20-2-765) allows teachers and principals to identify students as chronic disciplinary problem students. A chronic disciplinary problem student is a student who exhibits a pattern of behavioral characteristics which interfere with the learning process of students around him or her and which are likely to recur.

For any given school year, the following steps will be taken to address each disciplinary referral a student receives that involves (results in) a suspension (In-School Suspension, Opportunity Room, or Out-of-School Suspension):

Referral #1: Parent is given written notification of violation and consequence.

Referral #2: Parent is given written notification of violation and consequence.

Referral #3: Parent is given written notification of violation and consequence; notified of consequences for next (4th) referral.

Referral #4: Invite parent to help develop a Behavioral Correction Plan.

Referral #5: Possible Rule 12 Notification Charge (principal’s discretion).

Referral #6: Possible Rule 12 Notification Charge (principal’s discretion).

Referral #7: Student must be placed on a Rule 12.

Additional information on the 7-step plan:

• The 7-step plan is a guideline and it can be modified in individual cases at the discretion of the Office of Student Discipline and Behavioral Interventions.
• Modifications to the 7-step plan may be used with students entering the district with lengthy discipline/criminal records. Schools may consult the Office of Student Discipline and Behavioral Interventions about an appropriate sequence of steps for these students.

After a student receives his or her fourth (4th) disciplinary referral during a given school year, the following steps should be taken:

• Notify the parents/guardians that the student has been identified as having a chronic behavior problem.
• With input from the parent, develop a Behavioral Correction Plan.
• Implement the interventions to provide support to the student.
• Monitor the plan and evaluate (formally or informally) the interventions. (Consider assigning a staff member to monitor/ mentor the student and his or her progress with the plan.)

In accordance with O.C.G.A. § 20-2-705, information regarding the names of clubs/organizations, mission/purpose of the clubs/organizations, names of faculty advisors, and descriptions of planned activities may be found on the school website. This information also may be obtained, if requested, from the local school. Parents and guardians should review this information and inform the school if he or she declines permission for his or her student to participate in a club or organization, using the form available in the back of this handbook.