CHAPTER 10

SECTION 10.2 - ATTENDANCE AREAS
 
Attendance areas are set by the School Board, and students are required to attend the school serving the fixed area in which they reside unless students have applied for and been accepted into a specific magnet school program.

Out-of-zone attendance for elementary schools is permissible based on the availability of space, completion of an application, and the approval of the Division Superintendent or his/her designee.

Open enrollment for secondary (middle and high) schools is permissible based on the availability of space, completion of application, and the approval of the Division Superintendent or his/her designee.

The Division Superintendent will recommend to the Board such changes in attendance areas that are necessary for the orderly operation of the schools.  These recommendations will take into account the need to provide for the competent instruction of the students.
 
ADOPTED:                             June 20 1988
REVISED:                               August 28, 1995; August 27, 2001
RESTATEMENT:                    November 28, 2005
LEGAL REFERENCE:            Code of Virginia, Section 22.1-79(4)

SECTION 10.3 - COMPULSORY ATTENDANCE
 
Every parent, guardian or other person in the Commonwealth having control or charge of any child who will have reached the fifth birthday on or before September thirtieth of any school year and who has not passed the eighteenth birthday shall, during the period of each year the public schools are in session and for the same number of days and hours per day as the public schools, send such child to a public school or to a private, denominational or parochial school or have such child taught by a tutor or teacher of qualifications prescribed by the Board of Education and approved by the Division Superintendent or provide for home instruction of such child as provided by law, unless the child is otherwise excluded by law from compulsory school attendance.

Students, parents or guardians not complying with the Compulsory Attendance regulations will be reported to the juvenile court by the Division Superintendent or designee in accordance with Virginia School Code.

ADOPTED:                             June 20, 1988
REVISED:                               November 26, 1991; August 28, 1995
RESTATEMENT:                    August 27, 2001, November 28, 2005
LEGAL REFERENCE:            Code of Virginia, Sections 22.1-254 – 22.1-269

SECTION 10.4 - ENROLLMENT
 
Children attending first grade or kindergarten will be at the age prescribed by Virginia law and regulations developed by the State Board of Education.

Any student entering the York County School Division for the first time is required to provide proof of birth, a social security number, documentation of a physical examination signed by a licensed physician, licensed nurse practitioner acting under the supervision of a licensed physician, or authorized health department official, and documented proof of adequate immunization with the prescribed number of doses of each vaccine as required by Virginia law.  Students entering public schools for the first time or entering York County schools from outside the State of Virginia must have documentation of a physical examination within the past year. Exceptions for religious or medical reasons may be granted in accordance with the Health Code, the Virginia School Code, State Department of Education regulations, or rulings by the Office of the Attorney General.  The Superintendent is authorized in cases of financial need or other severe hardships to grant a waiver of any requirements of this policy related to physical examination that exceed those specified by the Code of Virginia and/or the State Department of Health.
Students transferring from another school, public or private, are required to provide an affidavit regarding prior school expulsions. 

ADOPTED:                             June 20, 1988
REVISED:                               August 28, 1995; October 23, 2000
RESTATEMENT:                    August 27, 2001, November 28, 2005
LEGAL REFERENCE:            Code of Virginia, Sections 22.1-270, 32.1-46, 22.1-32,
and 22.1-277.2, 22.1-271.2

SUB-SECTION 10.4.1 - ENROLLMENT–RESIDENT STUDENTS

Attendance in the public schools of York County is free to all children of school age whose parents, court appointed legal guardians, person having legal custody under a court order, or a person in loco parentis where the parents are deceased, reside within the limits of York County and who are not otherwise disqualified from attendance. Attendance shall also be free to any child who, in the determination of the Division Superintendent, shall have established a bona fide residence in York County, not solely for school purposes, apart from a parent, or a legal custodian or guardian. The Division Superintendent shall establish a procedure and criteria by which school staffs can determine whether such child has established a bona fide residence in the County.  This procedure shall also inform adults seeking to enroll a child of the criminal liability attached to making false statements concerning a child’s residency.

Under this policy "to reside in York County” shall mean to make one’s domicile in York County: meaning that the individual lives in York County with the intent to make it a fixed and permanent home. Domicile requires more than bodily presence as an inhabitant of York County; it requires bodily presence and an intention to make York County a fixed and permanent home, as evidenced by documents meeting the criteria established by the division superintendent.

When the person lacks a fixed, regular, and adequate nighttime residence and has a primary nighttime residence located within the school division that meets one of the following conditions, the child may attend York County Schools tuition-free: (a) a supervised publicly or privately operated shelter designed to provide temporary living accommodations, including welfare hotels, congregate shelters, and transitional housing for the mentally ill; (b) an institution that provides a temporary residence for individuals intended to be institutionalized; or (c) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

An emancipated minor living within the school division not solely for school purposes may attend the public schools tuition-free.

The child living with a person who is both a resident of York County and is seeking legal custody or court-appointed guardianship of the child, provided the purpose of custody is not solely for the purpose of attending schools in the county, may attend the public school tuition-free.

Persons of school age who are not residents but are living temporarily with persons residing within York County may, in the discretion of the School Board, be admitted to York County School Division. However, tuition may be charged at the discretion of the Division Superintendent or designee.

REVISED:                               December 16, 1991; August 28, 1995; February 24, 1997;
February 26, 2001; June 14, 2005
RESTATEMENT:                    August 27, 2001; November 28, 2005
LEGAL REFERENCE:            Code of Virginia, Sections 22.1-3 and 22.1-4, 22.1-264.1

SUB-SECTION 10.4.2 - ADMISSION AND TUITION

NON-RESIDENT STUDENTS

It will be the policy of the York County School Board that non-resident students will not be accepted in the York County School Division including the Virtual High School, except in the cases described below.  The parent or guardian must apply directly by letter to the Division Superintendent or designee for admission to York County schools.

1. Residence Change Out of York County

 

Students whose residence changes to a location outside of York County after September 30th of the school year may complete that year in the York County School Division on a tuition basis.  The parent must assume responsibility for transportation.

2. Residence Change – Seniors

 

A high school student who has completed two years or a major portion thereof in the high school at the time of change of residence may attend the 12th grade in that high school on a tuition basis.  The parent must assume responsibility for transportation.

3. Non-Resident Staff Member’s Children

 

Non-resident full time staff members employed by the York County School Division for a minimum of three years may enroll their children or dependents in the Division on a tuition-free basis if space is available.  Under this policy, the transportation of non-resident students becomes the responsibility of the employee.

4. Admission of Non-Resident Students to Special Program Offerings

 

The Division Superintendent may admit non-resident students to special programs on a space available basis.  The admission of non-resident students to such programs shall be coordinated with the superintendent of the school division in which the student resides.  The Division Superintendent is authorized to develop financial arrangements for non-resident students admitted to special programs that will result in no additional expense to the York County School Division.

5. Admission of Non-Resident Students While Home is Under Construction or Under Contract for Purchase

 

The Division Superintendent may admit non-resident students who have homes under construction or under contract for purchase on a tuition-free basis for a reasonable length of time.  Parents must make written application to the Division Superintendent or designee indicating estimated occupancy date, location of home, and willingness to provide transportation.  Tuition payment would be required after that period of time.  The intent to make this structure a “fixed and permanent home” (Sub-section 10.4.1) shall be considered by the Superintendent

6. Exchange Students

 

The Division Superintendent may admit, on a tuition-free basis, foreign and domestic students participating in an exchange program approved by the School Board.  Other foreign students will be charged tuition.

7. Children of Licensed York County Business Owners

Children of a Qualified York County Business Owner may be permitted to attend the York County School Division on a space available basis, upon payment of an adjusted tuition amount computed as set out in this subparagraph.  The criteria for eligibility for the adjusted tuition shall be as follows:

1. A Qualified York County Business Owner shall be either a sole proprietorship owned by an individual, or shall be a corporation, partnership, or limited liability company formed in compliance with all applicable laws of the Commonwealth and of York County and fully qualified to do business in Virginia and in York County.  All qualified business owners must possess a York County business license to the extent required by the County Code of York County.
2. The business shall own or lease real estate in York County subject to the payment of real estate taxes and having a tax appraised value of at least $50,000, as shown on the tax records of York County.  The business shall not be in default on the payment to York County of any real estate tax or other tax or license fee.
3. The business shall have entered into an agreement with the York County School Division to act as a Business Partner with one or more of the schools in the division, and must currently be serving as such.
4. In the case of partnerships, corporations, and limited liability companies, no more than one partner, shareholder, or member shall qualify for the adjusted tuition rate under this Policy, and such person shall have been named by the holders of the majority of the ownership interests in the partnership, corporation, or limited liability company, or by anyone lawfully authorized to act on behalf of the business.  In the case of a partnership, the consent of the majority interests of the partners shall be evidenced in conformance with the partnership agreement.  In the event of a corporation, the person eligible for the adjusted tuition shall be named by a vote of the majority of the voting shares of the corporation.  In the event of a limited liability company, the person shall be named by a majority of the voting interests in the company or as provided otherwise in the company’s articles of organization or operating agreement.
5. All natural and adopted children of the person determined in accordance with the preceding paragraph, and children of whom the person shall be a court appointed guardian or custodian, shall be entitled to the adjusted tuition, provided that such children shall be of school age.
6. In the event a qualified business owner ceases to remain qualified for the adjusted tuition by virtue of a failure to meet the qualifying criteria set out herein, full tuition shall be charged henceforth with respect to all affected students, prorated from the date the business ceases to qualify for the adjusted tuition.
7. The adjusted tuition provided for by this Policy shall be the same as is charged to non-resident staff members pursuant to subparagraph (3) of the section entitled “Non-Resident Students,” above.  In the event that the student is entitled to special education or similar services pursuant to the Individuals with Disabilities Education Improvement Act or Section 504 of the Rehabilitation Act of 1973 or any other law requiring the provision of services to disabled students, the parents shall ensure that the costs of the provision of such services by the York County School Division shall be borne by the school division of the student’s residence.  Parents must also provide transportation for the student to and from school and related activities.

8. Other Non-Resident Students

 

The Superintendent may admit other non-resident students on a case-by-case tuition basis.

RESIDENT STUDENTS

1. Legal Guardianship or Court Appointed Custody

A child living in York County with an adult resident of the County who is not the child’s parent shall be admitted to public school, including the Virtual High School, without tuition if:

1. The adult County resident is the child’s court appointed legal guardian; or
2. The adult County resident has legal custody of the child under a court order.

 

Either status shall be verified by a copy of the court’s order.

3. The adult county resident acting in loco parentis where the parents are deceased.

2. Foster Home Cases

Children placed in York County foster homes by a neighboring Department of Public Welfare may attend schools in the York County Division on a tuition free basis providing a reciprocal agreement has been reached between the York County Department of Social Services and the neighboring community School Board.

3. Student’s Age

 

Persons who reach 20 years of age after August 1 of any school year (who are not receiving special education services) will be permitted to attend only with special permission of the Division Superintendent on a tuition basis.  Exceptions exist for certain students with disabilities who have not completed their individual education program.  No tuition is charged to senior citizens age 65 or older who may wish to audit courses in the York County School Division when available space exists as judged by the Division Superintendent.

4. Residents of Military Reservations

 

Federal funds are provided under Title VII of the Elementary and Secondary Act (Impact Aid) for students who reside on military reservations located wholly or partly within the geographical boundaries of York County and who are not domiciled residents of the Commonwealth of Virginia.  If Public Law 874 funds students at less than 50% of the total per capita cost of education in the York County School Division exclusive of capital outlay and debt service, the student may be charged tuition.

5. Post Graduate

 

High school graduates may be admitted as post graduate pupils for additional high school work upon the recommendation of the principal and the approval of the Division Superintendent on a tuition basis.

6. Tuition Rate

 

The tuition rate will be established annually based on per pupil cost as fixed in the Division Superintendent’s Annual Report (exclusive of capital outlay and debt service and plus additional costs for special education and gifted and talented programs).  The latest report preceding entrance into school on a tuition basis will be used.  The tuition rate will be offset for students included in the ADM count for federal impact aid and/or state per pupil funding purposes.

REVISED:                               December 16, 1991; August 28, 1995;
December 16, 1996; August 26, 2002
RESTATEMENT:                    August 27, 2001; November 28, 2005
LEGAL REFERENCE:            Code of Virginia, Sections 22.1-5, 22.1-1;
Title VII of the Elementary and Secondary Act

 

SUB-SECTION 10.4.3 - SCREENING OF STUDENTS NEW TO COUNTY SCHOOLS

The York County School Division will screen new students in accordance with regulations adopted by the Virginia Board of Education.

ADOPTED:                             June 20, 1988
RESTATEMENT:                    August 28, 1995; August 27, 2001; November 28, 2005
LEGAL REFERENCE:            Code of Virginia, Section 22.1-273

SUB-SECTION 10.4.4 - STUDENTS ENROLLING FROM PRIVATE SCHOOLS
 
Students desiring to enter the York County School Division after having attended a private school must meet the age requirement set forth in Virginia school law.  Such students entering the elementary and middle schools will remain unclassified, as far as grade is concerned, until the school principal has determined the proper grade and class placement of the student.  It is expected that this determination will be made promptly.  In most cases, the grade placement in the York County school will follow that of the private school.  However, this placement must not be automatic.  The Division Superintendent will determine procedures for enrollment to division magnet programs.
Grade placement of high school students transferring from non-accredited private schools will be determined by the receiving school’s principal based on a review of the credits earned.

Credits earned in private schools accredited by SACS or its affiliates will be accepted.

ADOPTED:                 June 20, 1988
RESTATEMENT:        August 28, 1995
REVISED:       August 27, 2001; November 28, 2005

 

SUB-SECTION 10.4.5 - STUDENT ABSENCES AND TARDIES
 
Students will attend school on a regular and punctual basis.  Absences and tardies will be handled by the principal in accordance with the Student Handbook and Student Conduct Code.

ADOPTED:                             June 20, 1988
REVISED:                               August 28, 1995
RESTATEMENT:                    August 27, 2001, November 28, 2005
LEGAL REFERENCE:            Code of Virginia, Section 22.1-258

 

SUB-SECTION 10.4.6 - LEAVING SCHOOL GROUNDS
 
No student will be permitted to leave school prior to dismissal at the request of or in the company of anyone other than a duly authorized school employee, a police officer, a court official, or the parent or guardian who has custody of the child unless written permission is first received from the parent or guardian of the student.

ADOPTED:                 June 20, 1988
REVISED:                   August 28, 1995
RESTATEMENT:        August 27, 2001, November 28, 2005

 

SUB-SECTION 10.4.7 -  REQUEST TO PREVENT OR RESTRICT CONTACT BETWEEN A STUDENT AND A PARENT

A request by one parent that a student have no contact or restricted contact with the other parent will be processed through the principal’s office with the required legal documentation and sent to the Assistant Superintendent for Instruction or designee.  The request will be evaluated by the county attorney for legal interpretation and recommendation, returned to the Assistant Superintendent for Instruction or designee for action, and forwarded to the principal who originated the request.

ADOPTED:                 August 28, 1995
RESTATEMENT:        August 27, 2001; November 28, 2005

 

SUB-SECTION 10.4.8 - THE KEEPING OF ATTENDANCE RECORDS
 
The Virginia law requires that every school will keep a daily record of student attendance.

In the York County School Division, the principal is held directly responsible for the accounting of the attendance record of each student in the school according to procedures established by the Virginia Department of Education.

ADOPTED:                             June 20, 1988
REVISED:                               August 28, 1995
RESTATEMENT:                    August 27, 2001; November 28, 2005
LEGAL REFERENCE:            Code of Virginia, Section 22.1-258-60

 

SUB-SECTION 10.4.9 - SCHOOL CHOICE UNDER NO CHILD LEFT BEHIND ACT

The federally-mandated No Child Left Behind Act requires that school divisions have in place a provision for offering public school choice to students in Title I schools under certain conditions.  Title I schools are required to offer public school choice if the school meets one of the following four criteria: 1) is in the first year of school improvement, 2) is in the second year of school improvement, 3) is in corrective action, or 4) is in the planning year for restructuring.  The public school choice program cannot discriminate on the basis of race, color, national origin, gender, disability, or age and must be consistent with applicable civil rights commitments.

The Division Superintendent will determine the implementation of school choice procedures for eligible Title I schools.

ADOPTED:                             June 29, 2004
RESTATEMENT:                    November 28, 2005
LEGAL REFERENCE:            No Child Left Behind Act, 2001

 

SUB-SECTION 10.4.10 – MAGNET SCHOOL ENROLLMENT
 
The York County School Division operates a variety of elementary, middle and high school magnet programs to meet the instructional needs of eligible students and provides options for parents seeking a particular instructional setting for their children. These magnet programs include, but are not limited to: Elementary Fine Arts Magnet; Elementary, Math, Science and Technology Magnet; Middle School Arts Magnet; York County School of the Arts; and International Baccalaureate.

The Division Superintendent will determine enrollment procedures for the school division’s elementary, middle, and high school magnet programs.

 

SECTION 10.5

SUB-SECTION 10.5.1 - STUDENT RIGHTS

Students in the York County School Division have both rights and responsibilities.  It is the obligation of the York County School Division to protect those rights and insist upon those responsibilities.

All students have the right to:

1. Equal Educational Opportunity
2. Free Expression
3. Freedom of Assembly
4. Due Process

These student rights shall be explained in a Student Handbook and Conduct Code that is approved annually by the Board.

ADOPTED:                             June 20, 1988
REVISED:                               August 28, 1995; August 27, 2001
RESTATEMENT:                    November 28, 2005
LEGAL REFERENCE:            Title VI, Civil Rights Act of 1964;
Title VII, Civil Rights Act of 1964,
as amended by the Equal Opportunity Act of 1972;
Executive Order 11246, as amended by E.O. 11375;
Equal Pay Act, as amended by the Education Amendments
of 1972; Title IX, Education Amendments of 1972;
Rehabilitation Act of 1973; Education for All Handicapped
Children Act of 1975; Age Discrimination in Employment
Law, P.L. 95-256 and P.L. 105-17

 

SUB-SECTION 10.5.13 – STUDENT WELLNESS

The York County School Board will provide a school environment which supports child nutrition programs that meet all United Stated Department of Agriculture and Virginia Department Education regulations. Foods and beverages available to students during the school day, in addition to meal programs, will be consistent with the federal Dietary Guidelines for Americans.

Students will be provided with scheduled opportunities for eating meals as well as time for personal hygiene prior to mealtimes. Opportunities for participation in meaningful physical activity and other school-based activities to promote student wellness will be provided. Nutritional information will be available to students through the approved curriculum and through Child Nutrition Department publications.

The Superintendent will implement this policy in detail and advise the School Board on its effectiveness.

Adopted: December 19, 2006
Legal Reference: Public Law 108.265, Section 204 of the Reauthorization Act

 

SUB-SECTION 10.5.2 - STUDENT RESPONSIBILITIES

All students have the responsibility to:

1. Protect the Rights of Others to Study and Learn
2. Attend School Daily Unless Ill or Legally Excused
3. Be On Time for All Classes
4. Abide by a Student Conduct Code
5. Volunteer Information and Cooperate With School Staff in Discipline Cases
6. Complete All In-Class and Homework Assignments and Meet Deadlines
7. Respect Public Property and Carefully Use and Return All Materials and Equipment
8. Come to Class with Necessary Books and Materials
9. See That School Correspondence to Parents Reaches Home
10. Dress Appropriately for School

These student responsibilities shall be explained in a Student Handbook and Conduct Code that is approved annually by the Board.

ADOPTED:                 June 20, 1988
REVISED:                   August 28, 1995; August 27, 2001
RESTATEMENT:        November 28, 2005

 

SUB-SECTION 10.5.3 - CONDUCT VIOLATIONS

The following are conduct violations:

1. Damaging School or Personal Property
2. Disobedience
3. Use, Under the influence of, or Possession, of Alcoholic Beverages and Illegal Drugs, including Anabolic Steroids or Paraphernalia, Facsimiles, or Look Alikes
4. Use, Under the influence of, or Possession of Inhalants or Other Noxious Chemicals (i.e., glue, silicone lubricants, butane [lighter fluid]); Use of Prescription Drugs in a Nonprescribed Manner
5. Distribution or Sale of Illegal Drugs and Controlled Substances.
6. Promotion of Alcohol, Tobacco, and/or Other Illegal Substances.
7. Attempting to Sell, Purchase or Distribute Anything Which is Against School Rules.
8. Gambling
9. Obscenity
10. Assault/Battery on School Personnel
11. Verbal Abuse/Incitement
12. Threats Against School Personnel
13. Threats Against Students
14. Cheating
15. Smoking/Possession of Tobacco and Tobacco Related Paraphernalia
16. Truancy
17. Tardiness
18. Violations of the Law/Criminal Charges
19. Falsification
20. Possession of Weapons or Firecrackers
21. Possession of Handgun, Rifle, Shotgun, Projectile Weapon, Bomb
22. Use of Explosives
23. Possession of Facsimiles
24. Disruptive Behavior
25. Rendering Evidence Inaccessible
26. Behavior that Endangers Students or Affects the Safe and Efficient Operation of the School Bus
27. Sexual Harassment
28. Sexual Assault/Battery
29. Theft
30. Robbery/Extortion
31. Bomb Threat/False Fire Alarms/Smoke Bombs
32. Sexual Misconduct
33. Fighting/Enabling or Instigating Fights (None/Minor Injury)
34. Fighting/Enabling or Instigating Fights (Serious Injury)
35. Physical Assaults/Battery (No Weapon)
36. Physical Assaults/Battery (Weapon)
37. Bullying
38. Hazing
39. Gang Related Activity
40. Violation of Network Services/Internet Acceptable Use Policy
41. Repeated Violations
42. Other Conduct

These conduct violations shall be explained in a Student Conduct Code that is approved annually by the Board.

ADOPTED:                             July 10, 1989
REVISED:                               July 23, 1990; July 25, 1991; August 24, 1992;
August 28, 1995; June 26, 2000; June 29, 2004
RESTATEMENT:                    August 27, 2001; November 28, 2005
LEGAL REFERENCE:            Code of Virginia, Section 22.1-78

SUB-SECTION 10.5.4 - RESTITUTION FOR LOST, DAMAGED, DESTROYED OR STOLEN PROPERTY

The student and/or parent will be required to pay the cost of school property lost, damaged, destroyed, or stolen by the student.

ADOPTED:                             June 20, 1988
REVISED:                               August 28, 1995
RESTATEMENT:                    August 27, 2001, November 28, 2005
LEGAL REFERENCE:            Code of Virginia, Section 22-1-276

 

SUB-SECTION 10.5.5 - SORORITIES AND FRATERNITIES

Fraternities and sororities are not recognized by the York County School Division.  Fraternity or sorority activity or promotion of same is prohibited on school property.

ADOPTED:                 June 20, 1988
RESTATEMENT:        August 28, 1995; August 27, 2001, November 28, 2005

 

SUB-SECTION 10.5.6 - INDIGENT STUDENTS
 
Indigent students are entitled to the best school services available to meet their needs.  Principals and teachers are to use all resources available for the welfare of needy students such as the Department of Social Services, civic clubs, religious organizations, and parent teacher associations.  Cases of extreme hardship are to be reported to the appropriate persons.

ADOPTED:                 June 20, 1988
REVISED:                   August 28, 1995
RESTATEMENT:        August 27, 2001, November 28, 2005

 

SUB-SECTION 10.5.7 – INTERROGATIONS, SEARCHES, AND SEIZURES

INTERROGATIONS

Law enforcement officials will be permitted to question students while they are under the authority of the school.  The following provisions will be met:

1. The student’s parent or guardian will be called and be present if the parent or guardian desires; in case the parent cannot be contacted, a probation officer of the juvenile court solicited by the law enforcement official, or a school administrator, will be present;
2. The interrogation will take place in a school with a school administrator present;
3. Information derived from questioning will be kept in strict confidence by school officials unless legal procedures will require otherwise.
4. Students are not to be released into the custody of others without establishing the fact that the person assuming custody is the parent or legal guardian or a person designated by same.  Students will not be released into the custody of legal officers unless the officer presents proper identification.

SEARCHES

Lockers and other storage facilities are the property of the School Board and are loaned to students for use during school hours.  School officials have the authority in their discretion to open and inspect any and all storage spaces when they believe that such spaces may contain items which endanger the students or the school building.  Students are to be made aware of this policy, and their acceptance of a locker is an indication that they fully understand and agree to any provisions of the policy regarding storage space assigned to them either collectively or individually.

School officials also have the right to search any student and/or a student’s personal effects (e.g., purse, book bag, etc.) when there is reasonable suspicion to believe that the student possesses an item which violates law, school policies and regulations or which may be harmful to the school or to students.  Such searches will be conducted by the administration with another person present.  In no event will strip-searches of students be conducted.

The school administration has the authority to conduct routine patrols of student parking lots.  Automobiles on school property are subject to search whenever a school administrator has reasonable suspicion to believe that illegal or unauthorized materials are contained in or on the automobile.

Random searches may be conducted on school property using metal detectors or dogs capable of detecting drugs, bombs, and firearms.  These searches may be conducted by school administrators or by law enforcement officers under the supervision of school administrators.  Canines shall not be used to search students.

Weapons of any nature on school property or at school functions are prohibited by policy and state law.  The school administration has the authority to use stationary or mobile metal detectors to ensure that weapons and other dangerous objects are not brought onto school property or to school-sponsored functions.
 
SEIZURES

School authorities may seize any illegal, unauthorized or contraband items or materials discovered on school grounds or at school-sponsored functions.

ADOPTED:                             June 20, 1988
REVISED:                               August 28, 1995; August 27, 2001; June 29, 2004;
November 28, 2005
LEGAL REFERENCE:            Code of Virginia, Section 22.1-277.01:2

 

SUB-SECTION 10.5.8 - ASSAULTS AND RELATED INCIDENTS ON SCHOOL PERSONNEL

The Division Superintendent will report to the Department of Education assaults and related incidents by students on school personnel as required by statute for the purpose of statistical recording.

The following is a summary of the actions a principal will take in regard to assaults and related incidents on school personnel:

1. The school staff will interact with students in a professional manner, and the staff and the students are expected to maintain an environment conducive to learning.  Verbal or physical abuse committed by a student on school personnel will be reported to a school administrator and to the Division Superintendent.
2. School personnel who are victims of such verbal or physical abuse committed by a student will be granted compensatory time sufficient for the institution of and, as necessary, participation in appropriate legal proceedings.
3. Students committing such verbal or physical abuse will be disciplined in accordance with established procedures.

 
ADOPTED:                             June 20, 1988
REVISED:                               August 28, 1995
RESTATEMENT:                    August 27, 2001, November 28, 2005
LEGAL REFERENCE:            Code of Virginia, Section 22.1-280.1

 

SUB-SECTION 10.5.9 - USE OF BEEPERS, CELLULAR TELEPHONES AND OTHER PORTABLE COMMUNICATION DEVICES ON SCHOOL GROUNDS OR AT SCHOOL FUNCTIONS

The Division Superintendent, by regulation, will establish rules for use or possession of beepers, cellular telephones and other portable electronic communications devices on school property or while attending school functions or activities.  Violation of such rules will be considered disruptive behavior, a conduct violation under Sub-Section 10.5.3 of this Policy Manual.

ADOPTED:                 November 24, 1997
RESTATEMENT:        August 27, 2001; November 28, 2005

 

SUB-SECTION 10.5.10 – PARTICIPATION IN POLITICAL CAMPAIGNS

Students shall not be required by any School Board employee to participate in local, state or national political campaigns.  Specifically, students are not required to convey or delivery any materials that (i) advocate the election or defeat of any candidate for elective office, (ii) advocate the passage or defeat of any referendum question, or (iii) advocate the passage or defeat of any matter pending before a local school board, local governing body or the General Assembly of Virginia or the Congress of the United States.
This sub-section shall not be construed to prohibit the discussion or use of political or issue-oriented materials as part of classroom discussions or projects or to prohibit the delivery of informational materials.

ADOPTED:                 November 20, 2000
RESTATEMENT:        August 27, 2001, November 28, 2005

 

SUB-SECTION 10.5.11 – QUESTIONNAIRES AND SURVEYS
 
During the regular school day or at any school-sponsored event, students shall not be required to respond to any questionnaire or survey originating outside the school division except as provided herein.  This sub-section shall not be construed to prohibit the collection of information requested by the Virginia Department of Education or other agency of the Commonwealth of Virginia.  The Division Superintendent has the authority to control by appropriate regulation administration of questionnaires and surveys originating outside the school division during the regular school day or at any school-sponsored event.  If such proposed questionnaire or survey includes personal information regarding individual students that could be sold for commercial purposes, the Division Superintendent shall require written informed parental consent for any student’s participation in the questionnaire or survey.

ADOPTED:                             August 26, 2002
RESTATEMENT:                    November 28, 2005
LEGAL REFERENCE:            Code of Virginia Section 22.1-79.3.B

 

SUB-SECTION 10.5.12 – SCHOOL UNIFORMS

The School Board acknowledges that under certain circumstances improved academic achievement of a school student body can be facilitated by having the entire student body wear an appropriate uniform to school on class days.  Because the decision to prescribe uniforms for a particular school has wide-ranging implications, the following guidance is provided in coming to a decision to prescribe a uniform for all students attending a particular school.

1. The school community at large, as indicated by at least 2/3’s of families with students attending a particular school, must support prescribing uniforms for all students attending the school.  For purposes of assessing community support, each family unit shall have one vote, regardless of the number of students from that family unit attending the school.
2. Community support shall be demonstrated by a community survey, presented to the School Board at a regular meeting, signed by one parent from at least 2/3’s of families with students attending the school.
3. The community survey shall include a clear description of the uniform proposed for the student body and a clear statement of the goals to be achieved by prescribing a uniform for the students at the school.
4. If approved by the School Board, uniforms will be required at the school for no less than three academic years.
5. School Board approval to prescribe uniforms at a particular school must be granted no later that April prior to the start of the school year when uniforms will first be worn.
6. Prescribing uniforms at a particular school provides no justification for requesting student transfers from that school.
7. Uniform requirements must comply with Board of Education guidelines.
8. Uniform requirements must address state and federal constitutional issues, e.g., freedom of speech.
9. Uniform requirements must accommodate any financial limitations faced by families with students attending the school with prescribed uniforms.
10. No public funds can be used to purchase student uniforms.

The Division Superintendent shall implement this policy by a regulation.

ADOPTED:                             November 25, 2002
RESTATEMENT:                    November 28, 2005
LEGAL REFERENCES:          Code of Virginia, Section 22.1.79-2;
Guidelines Issued by State Department of Education

SECTION 10.5.13 - INTERSCHOLASTIC ATHLETIC ACTIVITIES

Interscholastic athletic activities are encouraged in the high schools. Such activities are limited in the middle school and may not be conducted in the elementary grades. All interscholastic athletic activities are conducted according to the rules established by the Virginia High School League.

ADOPTED:                 June 20, 1988
REVISED:                   April 18, 1994; November 24, 2003, November 27, 2007
RESTATEMENT:        April 19, 1999

 

SECTION 10.5.14 - ANIMALS AT SCHOOL

Students may not bring pets to school. This does not preclude the use of certain species of animals to complement instructional objectives. If the presence of the animal serves an educational purpose, arrangements should be made to transport the animal to school by private transportation. Health regulations preclude the keeping of animals in the school as mascots.

ADOPTED:                 June 20, 1988
REVISED:                   April 18, 1994; November 24, 2003, November 27, 2007
RESTATEMENT:        April 19, 1999

SECTION 10.6
 
SUB-SECTION 10.6.1 - STUDENT DISCIPLINE

Section 22.1-78 of the Virginia Code empowers the School Board to establish policy regarding acceptable student conduct and discipline including their conduct going to and returning from school.

In carrying out the above statutory provisions, principals and teachers have broad discretionary power to discipline students.

Disciplinary procedures and consequences of misconduct shall be explained in a Student Handbook and Conduct Code that is approved annually by the Board.

ADOPTED:                             June 20, 1988
REVISED:                               August 28, 1995
RESTATEMENT:                    August 27, 2001, November 28, 2005
LEGAL REFERENCE:            Code of Virginia, Section 22.1-78

 

SUB-SECTION 10.6.2 - CORPORAL PUNISHMENT

In accordance with the revised Code of Virginia, Section 22.1-280, the York County School Board prohibits the use of Corporal Punishment.

ADOPTED:                             July 10, 1989
RESTATEMENT:                    August 28, 1995; August 27, 2001, November 28, 2005
LEGAL REFERENCE:            Code of Virginia, Section 22.1-280

 

SUB-SECTION 10.6.3 - DETENTION OF STUDENTS
 
Students may be detained in school for disciplinary or other reasons when appropriate practices for detention as referenced in the Student Handbook are followed.
Detention may take one of the following forms:

1. Requiring a student to be present at school before or after the normal student hours.
2. Requiring a student to be present at school on Saturday.
3. Denying a student access to regularly scheduled classes or activities.

ADOPTED:                 June 20, 1988
REVISED:                   August 28, 1995
RESTATEMENT:        August 27, 2001, November 28, 2005

 

SUB-SECTION 10.6.4 - SHORT-TERM SUSPENSION OF STUDENTS

Section 22.1-277 of the Code of Virginia allows for the short-term suspension of students from attendance at school for sufficient cause. A short-term suspension is any disciplinary action whereby a student is not permitted to attend school for a period not to exceed 10 days of school. The principal or assistant principal may suspend a student after giving the student oral or written notice of the charges against him/her and, if he/she denies them, an explanation of the facts known to school personnel and an opportunity for the student to present his or her version of what occurred. Students are not allowed to make up work missed in a class during a suspension. Credit may be given for extended assignments with a due date that occurs during an unexcused absence.

In the case of any student whose presence poses a continuing danger to self, others, or school property, or an ongoing threat of disruption, the student may be removed from school property immediately and provided due process as soon as possible.

Upon suspension of any student, the principal or assistant principal responsible for such suspension will report the facts of the case in writing to the Division Superintendent or designee and the parent or guardian of the suspended student. The Division Superintendent or designee will review the action taken by the principal or assistant principal if a request for such a review by any involved party is requested.  The decision of the Division Superintendent is final, and the decision may not be appealed to the School Board.

The oral or written notice given to the parents of a student who is placed on short-term suspension shall include notification of the length of the suspension, information regarding the availability of community-based educational programs, alternative education programs or other educational options, and of the student's right to return to regular school attendance upon the expiration of the suspension. The costs of any community-based educational program, or alternative education program or educational option, which is not a part of the educational program offered by the school division, shall be borne by the parent of the student.

ADOPTED:                             August 28, 1995
REVISED:                               August 27, 2001; June 29, 2004; January 25, 2005;
November 28, 2005
LEGAL REFERENCE:            Code of Virginia, Section 22.1-277

 

SUB-SECTION 10.6.5 - LONG-TERM SUSPENSION AND EXPULSION OF STUDENTS

Section 22.1-227.05 and Section 22.1-277.06 of the Code of Virginia allows for the long-term suspension and expulsion of students from attendance at school for sufficient cause.  A long-term suspension is any disciplinary action whereby a student is not permitted to attend school for more than ten school days but less than 365 calendar days.  An expulsion is any disciplinary action imposed by the School Board whereby a student is not permitted to attend school within the School Division and is ineligible for readmission for 365 calendar days after the date of the expulsion.

The principal shall recommend long-term suspension or expulsion to the Division Superintendent or designee.  Written notice shall be provided to the student and his or her parents of the proposed action and the reasons and of the right to a hearing before the School Board, or the Division Superintendent or designee, in accordance with regulations of the School Board.  Written notice to the parents of a student who is placed on long-term suspension or expulsion shall be provided to the parents and shall include notification of the length of the suspension or expulsion, information concerning the availability of community-based educational, alternative education, or intervention programs.  In the case of long-term suspension, such notice shall also state that the student is eligible to return to regular school attendance upon the expiration of the suspension or to attend an appropriate alternative program approved by the school board during or upon expiration of the suspension.  For expulsions, the notice shall also state when the student is eligible to return to regular school attendance upon the expiration of the expulsion, or the schedule pursuant to which such students may apply and reapply for readmission to school.  Such schedule shall be designed to ensure that the hearing and ruling on any initial petition for readmission, if granted, would enable the student to resume school attendance one calendar year from the date of the expulsion.

Students with disabilities identified through the Individuals with Disabilities Education Improvement Act (IDEIA) and students with disabilities identified Section 504 of the Rehabilitation Act of 1973 have specific rights that impose some limitations and additional responsibilities for the School Division to ensure that the students are not discriminated against based on their disability.  A recommendation for long-term suspension or expulsion cannot be made until after this determination.  In addition, under the IDEIA, students with disabilities who have been placed on long-term suspension or expulsion must be provided access to the curriculum; access may be provided in the home or another setting outside of the school.

ADOPTED:                             August 28, 1995
REVISED:                               August 27, 2001; November 28, 2005
LEGAL REFERENCE:            Code of Virginia, Section 22.1-277,
and Sub-Section 22.1-277.05 and 22.1-277.06,
P.L. 101-476, and Section 504 of the Rehabilitation
Act of 1973 and P.L. 105.17,
Individuals with Disabilities Education Improvement Act

 

SUB-SECTION 10.6.5-R - SUSPENSION OF A STUDENT FOR MORE THAN 10 DAYS

Pursuant to Code of Virginia Section 22.1-277, the County School Board of York County hereby vests the Division Superintendent with the authority to conduct the hearing specified in paragraph B of Section 22.1-277 and to decide whether a student shall be suspended for more than 10 days for the infraction giving rise to the hearing.

The procedure to be followed at the Division Superintendent’s hearing shall comply with the steps listed on the Attachment to this School Board regulation.

The parents of the student suspended by the Division Superintendent following a hearing on the matter conducted in accordance with the Attachment to this School Board regulation shall have the right to appeal the Division Superintendent’s decision to the School Board.  The notice of an appeal must be made in writing, addressed to the Clerk of the School Board, 302 Dare Road, Yorktown, Virginia 23692 and must be postmarked or hand delivered within five working days of the Superintendent announcing the decision to suspend the student for more than 10 days.

ADOPTED:                 September 27, 1999
RESTATEMENT:        August 27, 2001, November 28, 2005

 

SUB-SECTION 10.6.6 - STUDENT RIGHT TO DUE PROCESS AND THE RIGHT TO APPEAL

All students have the right to due process and the right of appeal.
These rights shall be explained in a Student Handbook and Conduct Code that is approved annually by the Board.

ADOPTED:                 August 28, 1995
RESTATEMENT:        August 27, 2001, November 28, 2005

SUB-SECTION 10.6.7 - TEACHER REMOVAL OF STUDENTS FROM CLASS

Teachers shall have the initial authority to remove a student from class for disruptive behavior.  Disruptive behavior is defined as a violation of School Board regulations governing student conduct that disrupts or obstructs the learning environment.  (Code of VA 22.1-276.2)

CRITERIA FOR REMOVAL

Prior to