4302 -MANDATORY LONG-TERM SUSPENSIONS

The following disciplinary measures are mandatory for violations of the specified provisions of the Code of Student Conduct, except in grades K-5, where principals may use discretion in determining the appropriate sanctions for all violations other than those set forth in sections 4302.2 and 4302.3 below. Disciplinary measures other than those specified herein are up to the discretion of the principal, except suspensions for more than ten days, which require the prior approval of the Superintendent.

A child with disabilities recognized under Section 504 of the 1973 Rehabilitation Act, 29 U.S.C. 701 et seq., or the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq., has a right to all procedures established in Policy 4303.7, the law and accompanying federal and state regulations.

4302.1 Mandatory Long-Term Suspension

Violation of the following conduct rules shall result in at least a long-term suspension of a student:

A. Violation of Board policy 4301.4(iii): Assault on Another Student -- when the assault involves the use of a weapon or other object that could reasonably be considered a weapon pursuant to Board policy 4301.6 (iv).

B. Violation of Board policy 4301.3(iii): Assault on School Personnel -- when the student attempts to cause physical injury to a school employee.

C. Violation of Board policy 4301.4(iii): Assault on Another Student -- when two or more students assault or attack or cause or attempt to cause physical injury or to behave in such a way as could reasonably cause physical injury to any other student.

D. Violation of Board policy 4301.3(iv) and 4301.4(iv): Threats -- when the threatening or abusive actions of a student or students are intended to extort money, or other personal property or personal services from any other student, or when any student threatens or coerces any school employee or other student by any language which threatens force or violence or by any act which constitutes a threat of force or violence.

E. Violation of Board policy 4301.6(iv): Weapons and Dangerous Instruments -- when the student's conduct includes the possession, transmitting, or handling of a firearm, knife or explosive. Provided, however, that some such violations also may result in a suspension for up to 365 calendar days, in accordance with policy 4302.2.

F. A violation of Board policy 4301.6(viii): Controlled Substances and Drug Paraphernalia -- shall result in the long-term suspension of the student. An exception may be made when a first infraction does not involve the distribution, sale, possession with intent to sell, or conspiracy to distribute or sell a substance prohibited by this policy, and only when an alternative to long-term suspension is recommended by the principal. This alternative may be offered one time to students during their school career. The alternative shall involve corrective education and/or counseling. It shall be designed by the Superintendent or designee and agreed to in writing by the parent/guardian, student, and school principal. Parents/guardians and students shall be provided information by school authorities concerning available counseling, rehabilitation, and re-entry programs.

4302.2 365-Day Suspension for Weapons Violations

Notwithstanding any other suspension required by this policy, any student in grades K-12 shall be suspended for 365 calendar days for bringing a weapon onto school property or to a school- sponsored extracurricular event off school property, or for possessing a weapon on school property or at a school-sponsored extracurricular event off school property. For the purpose of this section, the term weapon includes firearms and explosive devices as defined in

Legal Reference: G.S.14-269.2(b), (b1), (g) and (h). This policy does not apply to a BB gun, air rifle, air pistol or fireworks. School property includes any property owned, used or leased by the Board of Education, including school buses and other vehicles.

The 365-day suspension does not apply to any student who finds the weapon or receives it from another on school property and who delivers the weapon, as soon as practical, to school or law enforcement authorities.

The Superintendent may recommend modification of the suspension as provided in policy 4303.5.

4302.3 365-Day Suspension for Bomb Threats

Violation of section 4301.6(vi.), Bomb Threats, shall result in suspension from school for 365 days unless modified by the Board of Education upon the Superintendent's recommendation.

4302.4 Assaultive Students

Any student who physically assaults and who seriously injures any person and who is at least thirteen years of age is subject to suspension of up to 365 days or transfer pursuant to policy 4303.6.

4302.5 Threats, Hoaxes, and Other Acts of Terror

Violation of section 4301.6(xi), Threats, Hoaxes, and Other Acts of Terror, may result in suspension from school for 365 days.

Legal Reference: G.S.14-269.2, 115C-47, -112, -288, -390, -391; 29 U.S.C. 701 et seq.; 20 U.S.C. 1400 et seq.

Adopted Effective: July 1, 1999
Revised: February 24, 2000
Revised: September 12, 2002