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Gwinnett County Public Schools

Student Conduct Behavior Code - Elementary

The following is general information regarding discipline:

  1. A principal, or other personnel designated to perform the duties normally performed by the principal, may suspend a student for violation of school rules or for any other act of misconduct or insubordination for a period not exceeding ten (10) school days. Oral notice and an opportunity to discuss the matter with the principal or an assistant principal must be given to the student as soon as is practicable, and written notice (disciplinary referral) stating the reason for suspension shall be given to parents or guardians within a reasonable time, not to exceed one school day.
  2. Students under short-term suspension (1–10 days), long-term suspension (10 or more days), or expulsion are not allowed on any Gwinnett County school campus or to attend any school activity, function, or event. Students assigned to in-school suspension are not allowed to participate in extracurricular activities on the date of their ISS assignment.
  3. All dangerous weapons, instruments, or controlled substances confiscated by school authorities are to be turned in to Safety and Security.
  4. A student is considered to be in possession of an illegal and/or banned item(s) or substance(s) when such item(s) or substance(s) is found on the person of the student, in their possession, in their locker, in a student’s vehicle on school property, or in any vehicle a student brought on school property, on property being used by the school, at any school function or activity, or any school event held away from the school.
  5. Students are prohibited from engaging in gang/hate group or hazing related activities in school.
  6. School administrators and/or their designated representatives possess the authority to conduct a reasonable search of students, including, but not limited to, their possessions, lockers, and vehicles when on school property, on property being used by the school, at any school function or activity, or at any school event held away from the school if it is established there is reasonable suspicion that the search will reveal a violation of the law, the Student Conduct Behavior Code, or local school rules.
  7. A student may be considered a party to a violation of the Student Conduct Behavior Code and disciplined for the underlying offense where the student: (1) Directly violates the Student Conduct Behavior Code; (2) Intentionally causes some other person to commit a violation of the Student Conduct Behavior Code; (3) Intentionally aids or abets another in a violation of the Student Conduct Behavior Code; or (4) Intentionally advises, encourages, hires, counsels, or procures another to commit a violation of the Student Conduct Behavior Code. A student may be considered a party to a violation of the Student Conduct Behavior Code even where the underlying actors are not students subject to the Code.
  8. Certain violations of the Student Conduct Behavior Code may also be violations of state law and juvenile authorities, or other law enforcement agencies may address the student’s misconduct in accordance with state laws, in addition to the school system’s administrative procedures and regulations.
  9. Students are to notify an administrator or staff member when suspected illegal items, dangerous items, or other items banned from school are found in the school building, on the school campus, or on the school bus. Students are advised not to pick up or handle illegal, dangerous, banned, or unidentified items.
  10. Students who are under suspension or expulsion through spring semester will not be allowed to participate in any school-sponsored activities, including the prom, graduation exercises, or baccalaureate ceremonies.
  11. Students should recognize their responsibility to know the contents of this student discipline handbook information and to ask the local school administration or staff for any clarification. All students, regardless of age, are subject to the rules and regulations of the Gwinnett County Public Schools. Each local school will review the contents of this handbook information with its students.
  12. State law requires that certain criminal offenses committed by a student while on school property or at a school-sponsored activity, function, or event be reported to the principal, school superintendent, appropriate law enforcement authority, and the District Attorney. (O.C.G.A. § 20-2-1184).
  13. Georgia law makes it unlawful for any person to manufacture, distribute, disperse, or possess with the intent to distribute a controlled substance or marijuana in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board used for elementary or secondary education. Any person who violates or conspires to violate this code section shall be guilty of a felony. (O.C.G.A. § 16-13-32.4)
  14. Students coming from DJJ (Department of Juvenile Justice) placement or incarceration for longer than 30 school days will be remanded to transition through the GIVE Centers as a first step back toward their local school. The Office of Student Discipline shall determine the length of the transition.
  15. During the regular school year, students who are on long-term suspension from their regular school and who are currently enrolled at the GIVE Centers are allowed to enroll in online courses, with approval of the GIVE Centers’ administration. Students not enrolled at the GIVE Centers will not be allowed to enroll. GIVE students must pay for online classes taken during summer school.
  16. After a disciplinary tribunal has been held, textbooks, materials, or equipment belonging to the local school must be returned to a school administrator at their local school.
  17. The Unsafe School Choice Option provides students at schools classified as “persistently dangerous” with the option of transferring to another school. Major offenses, including, but not limited to, drug and weapon offenses, can lead to a school being named “persistently dangerous” or unsafe pursuant to State Board of Education Rule 160-4-8-.16.

Student Infractions and Behavioral Responses

SRO Notification: Rules marked with an “X” require the local school administrator to notify the SRO. If a rule is marked with “XX,” the SRO will notify the District Attorney’s office.

Rule 1: Disruption and Interference with School

No student shall cause or attempt to cause (either directly or indirectly) a disruption or interference with school by any means including, but not limited to, any of the following behaviors:

Rule 1         

Description of Violation

Level

Notify SRO

1A

   Pull fire alarm;

IV or V

 

1B

Occupy or block any area on campus, prevent or attempt to prevent students from attending a class, school activity or event;

III or III

 

 

1C

Except under the direct instruction of the principal, block or attempt to block normal pedestrian or vehicular traffic on a school campus or adjacent grounds;

III

 

 

1DA

School disruption. A student may not in any manner, by use of violence, noise, force, coercion, threat, intimidation, fear, passive resistance, insult, or other conduct, intentionally or unintentionally cause the disruption of any lawful mission, process, or function of the school;

III, IV or V

 

1DB

Class disruption. Student behavior that is repetitive or substantially interferes with the teacher’s ability to teach and/or students’ ability to learn;

I, II or III

 

1DC

Disorderly conduct. Any act that substantially disrupts the orderly learning environment, or poses a threat to the health, safety and/or welfare of one or more students, staff members and/or others;

III, IV or V

 

1E

Refuse to identify himself/herself upon request of any teacher, principal, superintendent, school bus driver, or other school personnel;

III

 

 

1F

Urge, encourage, or counsel other students to violate any rules of the Student Conduct Behavior Code;

II or III

 

 

1H

Be on campus or enter the premises of a school without proper authorization of the superintendent, principal, or other school personnel;

III

 

 

1I

Dress inappropriately (including drug, alcohol, or tobacco advertisements, graffiti, tattoos, etc.) (A list of each prohibited item is available at each local school);

I or II

 

1J

Willfully fails to leave the premises after being told to do so;

III or IV

 

1Z

Other (list)

I, II or III

 

 

Mandatory Reporting of Repeated and Substantial Class Interference

Teachers in Gwinnett County Public Schools are required to report any student’s violation of the Student Conduct Behavior Code which repeatedly or substantially interferes with the teacher’s ability to communicate effectively with the students in their class or with the ability of the students in their class to learn. Teachers shall report any such incidents to the principal or the principal’s designee within one school day of the most recent occurrence of such behavior. Such report shall not exceed one page and shall describe the behavior. The principal or the principal’s designee shall, within one day of receiving such report, send to the student’s parents or guardians a copy of the report, and information regarding how the principal or the principal’s designee may be contacted. See O.C.G.A. § 20-2-737.

Student Removal from Class

A teacher may remove or refer to the principal or designee a student from class if the student has exhibited behavior that repeatedly or substantially interferes with the teacher’s ability to teach students in their class or the ability of other students to learn in the class. See O.C.G.A. § 20-2-738(a- h).

Where a teacher has previously filed a report of a student’s repeated or substantial interference with the classroom or where the behavior of a student poses an immediate threat to the safety of student’s classmates or the teacher, the teacher shall have the authority to remove the student from the classroom pursuant to O.C.G.A. § 20-2-738. 

Each school will have a placement review committee. The placement review committee shall be responsible for determining the appropriate placement of a student when the principal recommends that the student be returned to the classroom and the teacher withholds consent for the student’s return. The placement review committee shall consist of three members, including two teachers and one alternate teacher chosen by the faculty and a member of the professional staff chosen by the principal. See O.C.G.A. § 20-2-738(d).

Rule 2: Damage, Destruction, or Misuse of School Property or Equipment

A student shall not cause or attempt to cause damage to school property or alter/misuse school technology or any other equipment, including accessing unauthorized areas on the computer. A student shall not steal or attempt to steal school property.  A student shall not engage in authorized access/alteration of school/teacher/student records maintained by GCPS. A student shall not possess, sell, use, buy or transmit stolen school property or attempt to possess, sell, use, buy or transmit stolen school property. 

The prohibited behaviors include, but are not limited to, the following:

Rule 2    

Description of Violation

Level

Notify SRO

2A

Damage or vandalize school property;

III, IV or V

 

2BA

Steal school property (valued at less than $300);

II or III

 

 

2CA

Engage in larceny/theft of school property (valued at $300 or more);

III, IV or V

 

2DA

Possess, use, sell, buy, or transmit stolen school property (valued at less than $300);

II or III

 

 

2DC

Possess, use, sell, buy, or transmit stolen school property (valued at $300 or more);

III, IV or V

 

2I

Alter/misuse technology or any other equipment, hardware or software or school web site/page;

II or III

 

 

2J

Engage in computer trespass (accessing unauthorized areas on the computer/software);

III

 

 

2JB

Unauthorized accessing/altering school/teacher/student records maintained by GCPS;

IV or V

 

2K

Commit First Degree Arson- Knowingly damage or knowingly cause, aid, advise, encourage, hire, counsel, or procure another to damage, by means of fire or explosive, any building, vehicle, railroad car, watercraft, aircraft, or other structure: (a) that is insured without the consent of the insurer and the insured; or (b) under such circumstances that it is reasonably foreseeable that human life might be endangered; [Rule may only be charged with consultation of Office of Student Discipline]

V

X

2L

Undertake breaking and entering and/or burglary;

IV or V

X

2M

Commit arson (by means of fire or explosive a person knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to do damage);

IV or V

X

2N

Rob or attempt to rob by using violence, threat, or intimidation;

IV or V

X

2O

Commit armed robbery (with intent to commit theft, a person takes property of another by use of any offensive weapon or replica, article, or device having the appearance of such weapon); [Rule may only be charged with consultation of Office of Student Discipline]

V

XX

2P

Compromising test security of an international, national, state, or county standardized test;

IV or V

 

2Z

Other; (list)

I, II or III

 

 

Rule 3: Damage, Destruction, or Misuse of Private Property

A student shall not cause or attempt to cause damage to private property or steal or attempt to steal private property. A student shall not possess, sell, use, buy or transmit stolen private property on school grounds. Further, off school grounds, a student shall not cause or attempt to cause damage to private property belonging to a school employee where such theft or damage is on account of that school employee’s performance of their official duties. A student shall not sell or buy or attempt to sell or buy personal property on school grounds.  

The prohibited behaviors include, but are not limited to, the following:

Rule 3    

Description of Violation

Level

Notify SRO

3AA

Damage or vandalize private property of another person (valued at less than $300);

II or III

 

 

3AC

Damage or vandalize private property (valued at $300 or more);

III, IV or V

 

3BA

Steal private property of another person (valued at less than $300);

II or III

 

 

3CA

Possess, use, sell, buy, or transmit stolen property (valued at less than $300);

II or III

 

 

3CD

Possess, use, sell, buy, or transmit stolen property (valued at $300 or more);

III, IV or V

 

3H

Commit First Degree Arson-Knowingly damage or knowingly cause, aid, advise, encourage, hire, counsel, or procure another to damage, by means of fire or explosive, any building, vehicle, railroad car, watercraft, aircraft, or other structure: (a) that is insured without the consent of the insurer and the insured; or (b) under such circumstances that it is reasonably foreseeable that human life might be endangered; [Rule may only be charged with consultation of Office of Student Discipline]

 

V

X

3J

Buy or sell personal property;

I, II or III

 

3LA

Engage in larceny/theft of private property (valued at $300 or more);

III, IV or V

 

3M

Steal or attempt to steal a motor vehicle;

IV or V

X

3N

Rob or attempt to rob using violence, threat, or intimidation;

IV or V

X

3O

Commit armed robbery (with intent to commit theft, a person takes property of another by use of an offensive weapon or any replica, article, or device having the appearance of such weapon); [Rule may only be charged with consultation of Office of Student Discipline]

V

XX

3P

Commit arson (by means of fire or explosive a person knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to do damage);

IV or V

X

3Z

Other: (list)

I, II or III

 

 

Rule 4: Abuse, Threats, Intimidation, Assault, or Battery on a School Employee

SECTION A:

A student shall not make oral or written communication, create a document, or make a symbolic gesture or contact of a threatening, undermining, or provoking nature to or about a school employee or in the presence of a school employee. This includes, but is not limited to, disrespectful conduct, insult, use of profanity, ethnic, racial, sexual, disability, or religious slur, or harassment and includes the development of a “hit list,” “people to kill,” “people to shoot,” or a statement about bringing a weapon to school and injuring people.

The prohibited behaviors below include, but are not limited to, the following:

 

Rule 4

 

 

Description of Violation

 

 

Level

 

 

Notify SRO

 

4AA

Oral threat/verbal assault (oral speech that creates, or is intended to create, a fear of physical harm)

III, IV or V

 

4AB

Written threat;

III, IV or V

 

4AC

Rude and/or disrespectful conduct including but not limited to symbolic gestures and insults;

III, IV or V

 

4AE

Cyberbullying. Bullying (as defined by state law and in Rule 5) through any electronic communication, whether or not such electronic act originated on school property, off school property, with school equipment, or with non-school equipment, that: (1) is directed specifically at school personnel; (2) is maliciously intended for the purpose of threatening the safety of those specified or substantially disrupting the orderly operation of the school; and (3) creates a reasonable fear of harm to the school personnel(s)' person or property or has a high likelihood of succeeding in that purpose.

III, IV or V

 

4AF

Use of profanity;

III

 

 

4AG

Ethnic, racial, sexual, religious, or disability slur;

III

 

 

4AL

Harassment - Repeated words (verbal or written), conduct, or action that annoys, alarms, or causes distress and serves no legitimate purpose;

IV or V

 

4AM

Any expression (oral, written, or gesture) which has the effect of undermining the authority of the school employee or distracting staff and/or students from the learning environment, including writings of a threatening or provoking nature;

III

 

 

4AN

Terroristic threats (threatening to commit any crime of violence, release any hazardous substance, or to burn or damage property with the purpose of terrorizing another, with the purpose of causing the evacuation of a building, with the purpose of causing serious public inconvenience, or in reckless disregard of the risk of causing terror, the evacuation of a building, or serious public inconvenience);

V

X

4AO

Posturing to inflict physical harm. Any action or gesture directed toward a school employee that places the school employee in reasonable fear of immediate physical harm;

IV or V

 

4AZ

Other: (list)

I, II or III

 

 

SECTION B:

A student shall not cause or attempt to cause physical injury or behave in such a way that could reasonably cause physical injury or make physical contact of a threatening or provoking nature to a school employee.

The prohibited behaviors include, but are not limited to, the following:

 

Rule 4

 

 

Description of Violation

 

 

Level

 

Notify SRO

 

4BB

Behavior that unintentionally caused physical injury to employee;

III

 

 

4BC

Intentional physical contact of an insulting or provoking nature to employee;

V

X

4BD

Aggravated battery (maliciously causing bodily harm to another by depriving them of a member of their body, or by rendering a member of their body useless, or by seriously disfiguring their body or a member thereof); [Rule may only be charged with consultation of Office of Student Discipline]

 

V

XX

4BE

Homicide/murder; [Rule may only be charged w/consultation of Office of Student Discipline]

 

V

XX

4BF

Kidnapping (seizure, transportation, and/or detention of a person against their will); [Rule may only be charged with consultation of Office of Student Discipline]

 

V

XX

4BG

Voluntary manslaughter; [Rule may only be charged with consultation of Office of Student Discipline]

 

V

XX

4BH

Enter without permission the private property of a school employee and/or deface/damage/vandalize such property;

III, IV or V

 

4BI

Intentional physical contact that caused physical harm to an employee;

V

XX

4BK

Violence against a teacher or teachers;

IV or V

X

4BZ

Other: (list)

I, II or III

 

Rules 4BA-4BZ also apply off school grounds when the misconduct by the alleged perpetrator is because of the school employee’s performance of their official duties.

Intentional Physical Contact with a Teacher, Bus Driver, or Other School Employee

Any student who intentionally makes physical contact of a threatening or provoking nature with a teacher, bus driver, school official, or other school employee shall be suspended and brought to a disciplinary tribunal.

The minimum penalty for a student found in violation of Rule 4BC shall be suspension from public school until the end of the school year. Any tribunal finding a student in violation of Rule 4BC may impose a more severe penalty in its discretion. This minimum penalty shall not be applied in conflict with federal law.

Any student found in violation of Rule 4BI shall be expelled from the public school system for the remainder of their eligibility to attend public school. The following exceptions apply: (1) The Board of Education, in its discretion may allow a student found in violation of Rule 4BI to attend the alternative school, (2) The Board of Education, in its discretion and upon the recommendation of the disciplinary tribunal, may allow a student in grades 6-8 to return to the public school system for grades 9-12, (3) The Board of Education, in its discretion, may allow a student in grades K-5 to return to the public school system, (4) Permanent expulsion will not be imposed where this penalty would infringe any right created under federal law, and (5) Permanent expulsion will not be imposed where the student acts in defense as provided in O.C.G.A. § 16-3-21. See O.C.G.A. § 20-2-751.6; § 20-2-751.4.

Rule 5: Abuse, Threats, Intimidation, Assault, or Battery by a Student on another Student or to Any Other Person Not Employed by the School

SECTION A:

A student shall not make oral or written communication, create a document, or make a symbolic gesture or contact of a threatening, distracting, or provoking nature to or about a person/student or in the presence of a person/student. This includes but is not limited to bullying, disrespectful conduct, insult, use of profanity, ethnic, racial, sexual, disability, or religious slur, or harassment and includes the development of a “hit list,” “people to kill,” “people to shoot,” or a statement about bringing a weapon to school and injuring people.

The prohibited behaviors below include, but are not limited to, the following:

 

Rule 5

 

 

Description of Violation

 

 

Level

 

 

Notify SRO

 

5AA

Oral threat/verbal assault (oral speech that creates, or is intended to create, a fear of physical harm)

II or III

 

 

5AB

Written threat;

II or III

 

 

5AC

Rude and/or disrespectful conduct including but not limited to symbolic gestures or insults;

II or III

 

 

5AD

Bullying (See note below on bullying and state law.);

II or III*

 

 

5AE

Cyberbullying. Bullying (as defined below) through any electronic communication, whether or not such electronic act originated on school property, off school property, with school equipment, or with non-school equipment, that: (1) is directed specifically at student(s); (2) is maliciously intended for the purpose of threatening the safety of those specified or substantially disrupting the orderly operation of the school; and (3) creates a reasonable fear of harm to the student(s)’ person or property or has a high likelihood of succeeding in that purpose;

III, IV or V*

 

5AF

Use of profanity;

I, II or III

 

5AG

Ethnic, racial, sexual, religious or disability slur;

II or III

 

 

5AL

Harassment - Repeated words (verbal or written), conduct, or action that annoys, alarms, or causes distress and serves no legitimate purpose;

II or III

 

 

5AO

Posturing to fight;

II or III

 

 

5AR

Terroristic threats (threatening to commit any crime of violence, release any hazardous substance, or to burn or damage property with the purpose of terrorizing another, with the purpose of causing the evacuation of a building, with the purpose of causing serious public inconvenience, or in reckless disregard of the risk of causing terror, the evacuation of a building, or serious public inconvenience)

IV or V

X

5AZ

Other (list)

I, II or III

 

 

*State law defines "bullying" as: 1) any willful attempt or threat to inflict injury on another person, when accompanied by an apparent present ability to do so; 2) any intentional display of force such as would give the victim reason to fear or expect immediate bodily injury or harm; or 3) any intentional written, verbal, or physical act, which a reasonable person would perceive as being intended to threaten, harass, or intimidate that: a) causes substantial physical harm or visible harm; b) substantially interferes with a student's education; c) is so severe, persistent or pervasive that it creates an intimidating/threatening educational environment; or d) substantially disrupts the orderly operation of the school. Upon finding that a student in grades 6-12 has committed the offense of bullying for the third time in a school year, such student shall be assigned to an alternative school. (O.C.G.A. 20-2-751.4) Retaliation for reports of bullying will not be tolerated and will be subject to independent disciplinary action.

 

SECTION B:

A student shall not cause or attempt to cause physical injury or behave in such a way as could reasonably cause bodily injury to any student/person. A student shall not engage in any behavior that threatens the safety or well-being of another person or has the likelihood of provoking a fight.

The prohibited behaviors below include, but are not limited to, the following:

 

Rule 5

 

 

Description of Violation

 

 

Level

 

 

Notify SRO

 

5BA

Pushing and shoving;

I, II or III

 

5BB

Fighting;

III, IV or V

 

5BC

Battery (when one individual physically attacks or beats up on another individual.);

IV or V

 

5BE

Behavior that caused physical injury to another student;

III, IV or V

 

5BF

Physical contact of a threatening or provoking nature to another student;

I, II, III

 

5BG

Aggravated battery (maliciously causing bodily harm to another by depriving them of a member of their body, or by rendering a member of their body useless, or by seriously disfiguring their body or a member thereof); [Rule may only be charged with consultation of Office of Student Discipline]

 

V

XX

5BH

Homicide/murder; [Rule may only be charged with consultation of Office of Student Discipline]

 

V

XX

5BI

Kidnapping (seizure, transportation, and/or detention of a person against h their will); [Rule may only be charged with consultation of Office of Student Discipline]

 

V

XX

5BK

Hazing (as a condition or precondition of gaining acceptance, membership, office, or other status in any school or school organization, subjecting a student to an activity which endangers or is likely to endanger the physical health or emotional wellbeing of a student, regardless of a student's willingness to participate in such activity)

 

III, IV or V

 

5BM

Voluntary manslaughter (O.C.G.A. § 16-5-2); [Rule may only be charged with consultation of Office of Student Discipline]

 

V

XX

5BZ

Other: (list)       

 

I, II or III

 

Rule 6: Weapons, Dangerous Instruments, and Explosive or Implosive Devices

A student shall not solicit to buy or sell, or buy or sell or possess, handle, transmit, threaten with or discharge/use, any object that can reasonably be considered or converted to and/or used as a weapon such as, but not limited to knives; guns; pellet guns; brass knuckles; fireworks; lighters, tear gas, mace, explosives, pepper spray; bats (other than for athletics); clubs, sticks or other instruments of a bludgeoning type; Chinese stars; razors; projectiles and the like.

The prohibited weapons include, but are not limited to, the following:                                                

 

Rule 6

 

 

Description of Violation

 

 

Level

 

 

Notify SRO

 

6A

Knife less than 2 inches;

IV or V

XX

6B

Knife 2 inches or more;

V

XX

6C

Handgun;

V

XX

6D

Rifle or shotgun;

V

XX

6EA

BB/pellet/airsoft/paintball gun;

V

XX

6EB

BB/pellet/airsoft/paintball rifle;

V

XX

6F

Toy or any look-a-like gun;

II or III

XX

6G

Destructive device (bomb, grenade, mine, rocket, missile pipe bomb or similar device);

V

XX

6H

Brass knuckles or metal knucks;

IV or V

XX

6I

Fireworks;

III, IV or V

 

6IA

Accelerants (any liquid/aerosol, etc. which may be used to perpetuate or start a fire or other hazardous condition);

III, IV or V

X

6K

Tear gas, mace or pepper spray;

III, IV or V

XX

6L

Bats, clubs, sticks or other instruments of a bludgeoning type (other than for athletics);

III, IV or V

XX

6N

Razors or razor blades;

IV or V

XX

6O

Spring stick/expandable baton;

IV or V

XX

6P

Blackjack;

IV or V

XX

6Q

Nun chahka, nun chuck, nunchaku, shuriken, fighting chain (any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely);

IV or V

XX

6R

Throwing star, oriental dart, or any disc having two or more points or pointed blades which is designed to be thrown or propelled;

IV or V

XX

6S

Tazer/stun gun;

IV or V

X

6Z

Other: (list)

I, II or III

X

 

Possession of a Firearm, Dangerous Weapon or Hazardous Object on School Property or at School Functions

Students are prohibited from possessing firearms (including a handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge), dangerous weapons (as defined by O.C.G.A. § 16-11-121) or hazardous objects (as defined by O.C.G.A. § 20-2-751), while on school property or at school functions.  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 tribunal officers, tribunals, panels, administrators, the superintendent 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. Any student possessing a hazardous object (as defined by the O.C.G.A. § 20-2-751), while on school property or at school functions shall receive disciplinary consequences in the discretion of the tribunal officer, tribunal, panel, administrator, the superintendent or the Gwinnett County Board of Education and consistent with the Gwinnett County Board of Education's policies and procedures. See O.C.G.A. § 20-2-751; § 20-2-751.1.

Rule 7: Drugs, Alcohol, Tobacco, and Vaping

SECTION A:

A student shall not be involved in any substance, drug, alcohol, tobacco, or vaping transaction, including, without limitation to buy, possess, sell, use, transmit, solicit; attempt to buy, possess, sell, use, or transmit; or be under the influence of any narcotic drug, depressant, or stimulant drug including without limitation caffeine pills, hallucinogenic drug, anabolic steroid, amphetamine, barbiturate, marijuana, inhalant, alcoholic beverage, vaping product, or intoxicant of any kind. A student shall not possess, sell, buy, or transmit, or attempt to sell, buy, or transmit any substance under the pretense that it is, in fact, a prohibited substance as described in this rule. The misuse or unauthorized possession of a prescription drug or nonprescription drug shall be considered a violation of this rule; however, this rule shall not apply to proper possession and/or use of a drug as authorized by a medical prescription from a registered physician.

The prohibited substances and behaviors include, but are not limited to, the following:

 

Rule 7

 

 

Description of Violation

 

 

Level

 

 

Notify SRO

 

7AA

Alcoholic beverage or intoxicant of any kind;

IV or V

X

7AB

Amphetamine/methamphetamine drug [schedule II];

V

XX

7AC

Hallucinogenic drug [schedule I] [ex. peyote, PCP, etc.];

V

XX

7AD

Anabolic steroid [schedule III];

V

XX

7AE

Controlled drug or controlled substance [ex. Ritalin, Adderall, Phenobarbital, Percocet, OxyContin, Xanax, etc.];

IV or V

XX

7AF

Cannabis (including but without limitation to marijuana, hemp, THC, etc.);

IV or V

XX

7AG

LSD [schedule I];

V

XX

7AH

Cocaine [schedule II];

V

XX

7AJ

Heroin [schedule I];

V

XX

7AK

Inhalants* (any volatile solvents, aerosols, anesthetics, or volatile nitrites) [ex. glue, paint thinner, hair spray, Pam, ether, etc.];

IV or V

XX

7AL

Over the counter (OTC) drugs [ex. NoDoz, Vivarin, asthma medicines, energy/diet pills, aspirins, herb pills, etc.];

III, IV or V

 

XX

7AN

Look alike substance (under the pretense);

IV or V

XX

7AO

Cannabis (selling— including possession of cannabis that is packaged for distribution or possession of one ounce or more);

V

XX

7AP

Offering, requesting and/or receiving of a substance;

III, IV or V

XX

7AQ

Furnishing/providing/selling of a substance;

IV or V

XX

7AR

Non-controlled Prescription Drugs [ex. Prozac, Seroquel, Amoxicillin, etc.];

III, IV or V

XX

7AZ

Other: (list)

I, II or III

XX

 

* SELF-ADMINISTRATION of asthma medication and prescription auto-injectable epinephrine is permitted with written parent/guardian approval and required documentation to the principal or his or her designee. See administration for completion of proper county form/procedures.

SECTION B:

A student shall not possess, sell, use, transmit, buy or solicit any drug-related paraphernalia, any tobacco-related paraphernalia, or any vaping-related paraphernalia, which includes, but is not limited to, pipes, water pipes, clips, rolling papers, electronic smoking devices, or any other items related to drug use, tobacco use, vaping, or depicting drugs, drug use, tobacco use, vaping or tobacco use except where such items are related to approved curriculum.

The prohibited paraphernalia include, but are not limited to, the following:

 

Rule 7

 

 

Description of Violation

 

 

Level

 

 

Notify SRO

7BA

Pipes, water pipes, clips, rolling papers, or other objects used for drug use;

III

 

XX

7BB

Photographs, drawings or depictions of drugs, drug use, or objects used for drug use;

I or II

 

7BC

Tobacco paraphernalia (ex. matches, lighters, rolling papers and the like);

III

 

 

7BD

Photographs, drawings or depictions of tobacco, vaping, tobacco use, or objects used for tobacco use or vaping;

I or II

 

7BE

Electronic Smoking or Vaping Device

III, IV or V

 

7BZ

Other: (list)

I, II or III

 

 

SECTION C:

A student shall not possess, sell, use, transmit, buy or solicit tobacco or nicotine products.

The prohibited products include, but are not limited to, the following:

 

Rule 7

 

 

Description of Violation

 

 

Level

 

 

Notify SRO

 

7CA

Tobacco products (ex. cigarettes, electronic tobacco, or nicotine cartridges (any type), chewing tobacco, dip, snuff, cigars, liquid nicotine— regardless of bio- logical source, electronic cigarette vapors— with or without nicotine, etc.);

III

 

 

7CZ

Other: (list)

I or II

 

 

Rule 8: Disregard of Directions or Commands

A student shall not fail to comply with reasonable directions or commands of teachers, student teachers, substitute teachers, teacher aides, administrators, school bus drivers, or other authorized school personnel.

The prohibited behaviors include, but are not limited to, the following:

 

Rule 8

 

 

Description of Violation

 

 

Level

 

 

Notify SRO

 

8A

Failure to follow directions or commands of staff;

I, II or III

 

8B

Failure to follow written directions, local school rules or regulations;

I, II or III

 

8C

Failure to serve an administrative consequence (ex. Administrative Detention, Saturday School);

III

 

 

8Z

Other: (list)

I or II

 

 

Rule 9: Sexual Misconduct/Indecency

A student shall not engage in any act of sexual harassment of a physical nature or verbal nature. A student shall not perform any act of indecent exposure, lewd exposure, gesture or lewd caress or indecent fondling/touching of the student’s own body or the body of another person, or any act of sexual intercourse. A student shall not use any inappropriate gestures that mimic or imply sexual acts or engage in any acts of “streaking” or “mooning” as those terms are commonly understood. Such acts will not be regarded lightly or considered pranks.

A student shall not possess, view, copy, sell, buy or transmit printed or non-printed pornographic materials including any non-curricular sexually explicit printed or non-printed materials; or a student shall not possess, view, copy, sell, buy or transmit printed or non-printed pornographic materials including but not limited to non-curricular materials depicting the human male or female genitals or buttocks with less than a fully opaque covering or any portion of the female breast with less than a fully opaque covering.

The prohibited behaviors include, but are not limited to, the following:

 

Rule 9

 

 

Description of Violation

 

 

Level

 

 

Notify SRO

 

9A

Sexual harassment. Deliberate and unsolicited physical actions, gestures, or verbal or written comments of a sexual nature that are repeated or a single incident of a sufficiently serious nature to create a hostile environment;

IV or V

 

9B

Lewd (sexual) exposure (any act of) (This includes “streaking” and “mooning.”);

IV or V

XX

9C

Obscene and/or indecent gestures or gestures that mimic or imply sexual intercourse;

II or III

 

 

9D

Lewd caress or indecent fondling or touching of the student’s own body;

IV or V

XX

9E

Lewd caress or indecent fondling or touching of the body of another person;

IV or V

XX

9F

Sexual intercourse;

IV or V

XX

9G

Oral sex or any act of sodomy;

IV or V

XX

9H

Aggravated sexual battery (intentionally penetrating with a foreign object the sexual organ or anus of another person without the consent of that person); [Rule may only be charged with consultation of Office of Student Discipline]

 

V

XX

9I

Pornographic materials. Possession or transmission by any means of descriptions, images, recordings, or other materials involving the display of genitals, pubic area, buttocks or breasts;

II or III

X

9IB

Sexually Exploitative/Sexually Explicit materials. Possession or transmission by any means of descriptions, images, recordings or other materials involving (a) sexual acts of any type, (b) exposure of the genitals, pubic area, breasts or buttocks of a minor, or (c) other graphic sexual content;

IV or V

X

9IC

Recording images of intimate areas. Recording, possession, and/or transmission of images of students or employees that are of a sexual nature and that were taken without the consent of the student or employee;

IV, V

XX

9J

Kissing or any act of intimacy;

I, II or III

 

9K

Aggravated child molestation. (An offense of child molestation which physically injures the child or involves an act of sodomy); [Rule may only be charged with consultation of Office of Student Discipline]

 

V

XX

9L

Aggravated sodomy (performing or submitting to any sexual act involving the sex organs of one person and the mouth or anus of another with force and against the will of the other person or when the student commits sodomy with a person who is less than ten years of age); [Rule may only be charged with consultation of Office of Student Discipline]

 

V

XX

9M

Rape (a person commits the offense of rape when he has carnal knowledge of a female forcibly and against her will, or a female who is less than 10 years of age. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ); [Rule may only be charged with consultation of Office of Student Discipline]

 

V

XX

9N

Sexual battery (intentional physical contact with the intimate parts of the body of another person without the consent of that person);

IV or V

XX

9O

Allowing another student/person to commit a lewd or indecent act to the body of oneself;

IV or V

X

9Z

Other: (list)

I, II or III

X

 

NOTE: Sexting (sending and receiving of lewd or pornographic text messages) will be handled under rules 9I, 9IB, and 9IC and may result in a range of consequences from suspension to referral to a disciplinary tribunal.   

Rule 10: Unexcused Absences

A student shall not be absent from school or from any class or other required school function during required school hours except for illness or other providential cause, except with written permission of the teacher, principal, or other duly authorized school official. A student may not leave school grounds prior to the end of the school day, after their initial arrival on campus, without the permission of a duly authorized school official.

The prohibited behaviors include, but are not limited to, the following:

 

Rule 10

 

 

Description of Violation

 

 

Level

 

 

Notify SRO

 

10A

Tardy to class;

I or II

 

10B

Tardy to school;

II or III

 

 

10C

AWOL from class (absent without official leave);

II or III

 

 

10D

AWOL from school;

II or III

 

 

10E

Unexcused absence (failure to comply with compulsory school attendance law);

I, II or III

 

 

10Z

Other: (list)

I, II or III

 

 

 

Rule 11: Other Conduct which is Subversive to Good Order

A student shall not perform any other act which is subversive to good order and discipline in the schools. This includes but is not limited to violation of local school rules; violation of state and federal law; involvement in criminal gang-related behavior and/or criminal gang conduct as defined and prohibited by O.C.G.A. § 16-15-3 and § 16-15-4; providing false information to school personnel; unauthorized possession or inappropriate use of laser pointers, and electronic communications devices (including tape recorders, CD Players, MP3 players, video games, radios and televisions); loitering or trespassing, providing false information to or about school personnel, providing false information to or about school personnel, or community misconduct that would be so serious as to pose a threat to the school community.

A student shall not hold oneself out as a member of a criminal street gang identified by the Gwinnett County Gang Taskforce by one’s mode of dress, means and method of communication including the use of hand signs, or the possession or publication of gang writing/symbols.

Subject to the rules listed below, the Gwinnett County BOE permits students to possess electronic pagers or communication devices on a limited basis and provides local school principals with the authority to set forth rules pertaining to student possession and use of such devices at their individual schools.

The prohibited behaviors include, but are not limited to, the following:

 

Rule 11

 

 

Description of Violation

 

 

Level

 

 

Notify SRO

 

11A

Violation of local school rules (state specific rule);

I, II or III

 

 

11C

Criminal gang-related activity (as defined by O.C.G.A.16-15-3 and 16-15-4) including but not limited to: (1) Conduct or participate in a criminal street gang through criminal gang activity as defined in O.C.G.A. 16-15-3; (2) Acquire, maintain, directly or indirectly, through criminal gang activity or proceeds derived there from any interest in or control of any real or personal property of any nature, including money; (3) Engage in, directly or indirectly, or conspire to engage in criminal gang activity while acting as an organizer, supervisor or other position of management with regard to a criminal street gang; (4) Cause, encourage, solicit, or coerce another to participate in a criminal street gang; (5) Communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to deter such person from assisting a member or associate of a criminal street gang to withdraw from such criminal street gang; (6) Communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to punish or retaliate against such person for having withdrawn from a criminal street gang; (7) While employed by or associated with a criminal street gang, commit any offense enumerated in O.C.G.A. 16-15-3 with knowledge that members of such criminal street gang have committed one or more of such offenses; (8) Commit any offense enumerated in O.C.G.A. 16-15-3 with the intent to maintain or increase their status or position in a criminal street gang;

III, IV or V

X

11D

Retaliating against or deterring a witness. No student shall use threats, physical force, intimidation or violence to deter a student from, or retaliate against a student for: (1) providing information to school staff regarding the violation of the code, the commission of a criminal act or the commission of a delinquent act, or (2) testifying at a school disciplinary tribunal;

I or II

 

11E

Provide false information and/or forgery;

II or III

 

11F

Cheating;

I, II, or III

 

11G

Gambling;

II or III

 

11H

Plagiarism;

II or III

 

11I

Foul language (profane or vulgar language not directed at another person) on school property or at a school-sponsored event;

II or III

 

11K

Laser pointers;

I, II or III

 

 

11L

Unauthorized use during school hours of electronic devices including but not limited to: tape recorders, radios, CD players, MP3 players, video games, and televisions;

II or III

 

11N

Loitering;

II or III

 

11O

Criminal trespassing. Criminal trespass includes: (1) Conduct that intentionally damages any property of another without consent; (2) Entering the land, premises, or vehicle of another for an unlawful purpose; (3) Entering the land, premises or vehicle of another after receiving prior notice from the owner, rightful occupant, or their authorized representative that such entry is forbidden; (4) Remaining on the land, premises, or vehicle of another after receiving notice form the owner, rightful occupant, or their authorized representative to depart;

III, IV or V

 

 

11P

 

Community misconduct that would pose a threat to the school community. Any off campus behavior of a student which (1) could result in the student being criminally charged with a felony or which could result in a felony criminal charge if committed by an adult; and which (2) makes the student’s continued presence at school a potential danger to person or property at school or which disrupts the educational process;

IV or V

 

 

11S

 

Other Felony: (list)

III, IV or V

 

 

11T

 

Holding oneself out as a member of a criminal street gang identified by the Gwinnett County Gang Taskforce by more than one of the following: one’s mode of dress, means and method of communication including the use of hand signs, or the possession or publication of gang writings/symbols or admission of membership;

II, III or IV

X

 

11U

 

Falsifying, misrepresenting, omitting, or erroneously reporting information regarding instances of alleged inappropriate behavior by a teacher, administrator, or school employee toward a student;

III, IV or V

X

 

11Z

 

Other: (list)

I, II or III

 

 

NOTE ON RULE 11T: The first violation of Rule 11T is a Level II or III violation. However, with a Gang Activity Contract, any future offenses would be elevated to Level IV or V.

Rule 12: Repeated Violations/Misbehavior/Chronic Disciplinary Problem Students

Students who chronically disrupt or repeatedly violate other school rules may be charged with repeated violations of school rules or misbehavior. This rule applies after remediation attempts including the development and implementation of a Behavioral Correction Plan.

 

Rule 12

 

 

Description of Violation

 

 

Level

 

 

Notify SRO

 

12A

Chronically disrupt or repeatedly violate other school rules;

N/A

 

12Z

Other:

N/A

 

The student and parent must be notified in advance that once the student has been placed on a Rule 12, all subsequent violations will lead to an escalation in consequences and may lead to an independent Rule 12 charge and a disciplinary tribunal.

Rule 13: School Bus Infractions

No student shall cause or attempt to cause (either directly or indirectly) a disruption or interference with a school bus by any means including, but not limited to, any of the following behaviors:

 

Rule 13

 

 

Description of Violation

 

 

Level

 

 

Notify SRO

 

13A

Disruption of school bus. A student shall not in any manner use violence, force, fear, threat or other conduct to disrupt or interfere with a bus driver’s ability to operate a bus safely;

III, IV or V

 

13B

Throwing objects at the driver;

IV or V

 

13C

Failure to follow directions, rules or regulations;

I, II or III

 

13D

Use of mirrors, lasers, flash cameras or any other lights or reflective devices during the operation of a school bus without the permission of the driver;

III

 

 

13E

Posturing to fight;

III

 

 

13F

Fighting;

IV or V

 

13G

Diverting or distracting the driver’s attention;

III

 

 

13H

Throwing objects on the bus or out the bus window;

III

 

 

13I

Excessive noise;

I, II or III

 

13J

Use of any electronic device during the operation of a bus, including but not limited to cell phones, audible radios, tape or compact disc players without headphones;

I, II or III

 

13Z

Other (list):

I, II or III

 

 

All other GCPS rules still apply while on the school bus or at the bus stop.

Safety is the first priority while transporting students to and from school. While on a school bus, the bus driver/manager is the school official who has supervisory responsibility of students. Drivers must be able to concentrate on their driving at all times. A momentary distraction from their concentration can lead to a serious accident resulting in injury or death. The safety and well-being of each student depend on everyone following the standards of conduct outlined in this Code. That safety is why certain infractions have a different level of consequence or are singled out as a school bus infraction.

If a student is found to have engaged in bullying or other acts of physical violence such as physical assault or battery of another person on the school bus, a meeting with the student’s parents or guardian and appropriate school officials will be required in order to develop a school bus behavioral correction plan for the student. See O.C.G.A. § 20-2-751.5.

Any student who receives an in-school suspension or assignment to Opportunity Room (for elementary students) for a bus infraction may forfeit their bus-riding privileges on the day(s) of suspension.