Any student who violates Wilkes County Board of Education policy or school standards or rules must accept the consequences for the misbehavior. In administering consequences, all students are to be treated in accordance with accepted standards of fairness and constitutional rights.
The school administrator will take the following steps in addressing all cases of alleged misbehavior appropriately referred to his or her office:
1. Investigate the facts and circumstances related to the alleged misbehavior.
2. Offer the student an opportunity to be heard on the matter.
3. Determine whether Board of Education policy or school standards or rules have been violated.
If a violation has occurred, the school administrator will implement an appropriate consequence in accordance with the school’s plan for managing student behavior or applicable Board of Education policy. Parents or guardians will be notified.
Where the misbehavior may result in suspension or expulsion from school, procedures provided in related Board of Education policies also will apply.
A child with disabilities recognized by Section 504 of the 1973 Rehabilitation Act or the Individuals with Disabilities Education Act (IDEA) will be accorded all rights granted by federal and state laws and regulations.
Legal References: Individuals with Disabilities Education Act, 20 U.S.C. 1400 et. seq., 34 C.F.R. pt. 300; The Rehabilitation Act of 1973, 29 U.S.C. 706(8), 794, 34 C.F.R. pt. 104; The Americans With Disabilities Act, 42 U.S.C. 12134, 28 C.F.R. pt. 35; G.S. 115C, art. 9; G.S. 115C-47, -112, -288, -391; Procedures Governing Programs and Services for Children with Special Needs, State Board Policy Number 10A100.
Cross References: School Plan for Management of Student Behavior (policy 4302), Investigations (policy 4342), Short-Term Suspension (policy 4351), Long-Term Suspension, 365 Days Suspension, Expulsion (policy 4353)
Adopted: January 9, 2006