Discipline Policies
In this section:
OSSD BOT Policy JCDA – School Searches
The right of inspection of a student's school desk and/or assigned area is inherent in the authority granted to school boards and administrators and should be exercised to assure that the school will exercise every safeguard to protect the well-being of all students. In an attempt to protect students from exposure to illegal drugs and dangerous materials, school property is subject to searches by the administration where there is reasonable suspicion to believe that illegal drugs or dangerous materials are present. If the principal or her designee has reasonable suspicion to believe that a student has illegal substances and/or dangerous items or weapons in his/her desk, book bag, backpack, purse, or on his/her person or his/her property, the principal or her designee has the authority to make a search of the appropriate object in order to discover the presence of any contraband.
When a search, based on reasonable suspicion, is conducted, the administrator shall record the reason(s) for believing a search is justified. The search should, when possible, be conducted in front of an adult witness, and both the witness and searcher should briefly record, in writing, what was: (a) said, (b) done, (c) found, and (d) at what time the search took place.
While it is not necessary, the student's consent to the "reasonable suspicion" search is obtained, if possible, and the search is conducted in the presence of the student. In the event that illegal drugs or dangerous materials are present, the parents of the student, the police, and the superintendent shall be immediately notified. See OSSD BOT Policy JCDA - School Searches.
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OSSD BOT Policy JCDAA - Use of Tobacco and Smoking Devices
The possession (either actual or constructive) and/or use of tobacco in any form or is not permitted on the campus nor in the buildings of OSSD; nor at any school-sponsored activity or function; nor during any school-related activity; nor on a school bus or school-sponsored transportation; nor during travel to and from school-sponsored events, activities, events, and ceremonies. See OSSD BOT Policy JCDAA - Use of Tobacco and Smoking Devices.
All pupils shall be held accountable for any cigars, cigarettes, chewing tobacco, skoal, or any other form of tobacco which may be located in any vehicle, book bag, locker, or any other personal property of the pupil and for which the pupil is aware of or should have been aware of. The extent of the pupil’s awareness of the presence of any cigars, cigarettes, chewing tobacco, skoal, or any other form of tobacco shall be determined by school administration and shall be determined by considering all circumstances.
In cases in which the school administration determines that the student should have been aware of the presence of cigars, cigarettes, chewing tobacco, skoal, or any other form of tobacco by conducting a reasonable inspection of their vehicles, book bags, and other personal property, the student shall be subject to disciplinary action according to the student handbook and policies of OSSD. The superintendent or designee shall develop procedures to support this policy.
- 1st Offense: the student shall receive three (3) days In-School Suspension (ISI) or one day of Out-of-School Suspension (OSS).
- 2nd Offense: the student shall receive three (3) days Off-Campus Suspension (OCS).
- 3rd Offense: the student shall receive five (5) days to ten (10) days of OCS and may be recommended for expulsion.
Any disciplinary action in accordance herewith shall be subject to the requirements of Part B of the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act.
If a student is seen with tobacco products, school authorities will confiscate them and turn them over to the OSSD Police Department. Confiscated items will not be returned to parents.
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OSSD BOT Policies JCDAH - Student Vaping Policy, and JCDAA - Use of Tobacco and Smoking Devices, recognize that the use of electronic cigarettes and other vaping devices, or any tobacco products, is detrimental to the health and safety of students, staff, and visitors and is therefore prohibited at all times.
This policy applies to all students, school staff, parents, and any visitors while on school grounds, in school buildings and facilities, on any school bus, on school property, or at school-related activities or school-sponsored events which includes, but is not limited to, athletic events.
- 1st Offense: the student shall receive three (3) days of OCS - Off-Campus Suspension.
- 2nd Offense: the student shall receive five (5) days of OCS.
- 3rd Offense: the student shall receive nine (9) days of OCS and student shall be recommended for expulsion.
All pupils shall be held accountable for any e-cigarettes, vape, or any other form of e-cigarette/vaping products or E-cigarette/vaping paraphernalia which may be located in any vehicle, book bag, locker, or any other personal property of the pupil and for which the pupil is aware of or should have been aware of. The extent of the pupil’s awareness of the presence of any e-cigarettes, vape, or any other form of e-cigarette/vaping products or e-cigarette/vaping paraphernalia shall be determined by school administration and shall be determined by considering all circumstances.
In cases in which the school administration determines that the student should have been aware of the presence of any e-cigarettes, vape, or any other form of e-cigarette/vaping products or e-cigarette/vaping paraphernalia by conducting a reasonable inspection of their vehicles, book bags, and other personal property, the student shall be suspended in accordance with subparagraphs A-C above.
In cases in which the school administration determines that the student should have been aware of the presence of any e-cigarettes, vape, or any other form of e-cigarette/vaping products or e-cigarette/vaping paraphernalia by conducting a reasonable inspection of their vehicles, book bags, and other personal property, the student shall be suspended in accordance with subparagraphs A-C above.
Any student who is found to be distributing or selling any e-cigarettes, vape, or any other form of e-cigarette/vaping products or e-cigarette/vaping paraphernalia while in school, on campus, on school grounds, upon school buses, on the road to and from school or during participation in or attendance at or travel to and from school-sponsored events, activities, events, and ceremonies shall be subject to the following disciplinary action:
- 1st Offense: the student shall receive five (5) days of OSS.
- 2nd Offense: the student shall receive nine (9) days of OSS and shall be recommended for expulsion.
Any disciplinary action in accordance herewith shall be subject to the requirements of Part B of the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act. Confiscated items will not be returned to parents.
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School administration will cooperate with the local, state, and federal agencies in the detection, prevention, and prosecution of any and all possible violations. Unannounced visits and inspections by law enforcement officers and agencies for the detection of drugs and alcohol on school property are approved by the OSSD BOT. See OSSD BOT Policies JCDACA - Conduct: Alcohol and JCDACB - Conduct: Drugs.
Any student found to be in possession, under the influence, distributing, or selling alcoholic beverages or illegal controlled and/or illegal prescription drugs shall be suspended out-of-school for up to ten (10) days and the principal may recommend the student for expulsion and charges may be filed with the local law enforcement agency.
NOTE: The principal with superintendent/designee approval shall suspend the student for ten (10) days of OSS and shall recommend the student for expulsion.
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The OSSD BOT has developed policies and procedures concerning reasonable suspicion and random drug testing.
Student-Athletes, Drivers, Extracurricular Participants
All students enrolled in OSSD who are in 7th grade or higher and who (1) participate or who have expressed an intention to participate in any Ocean Springs High School and Ocean Springs Middle School athletic program and/or extracurricular activity or (2) obtain a parking permit to allow them to drive and park on the OSHS campus or (3) enroll in a drivers' education course shall be subject to drug testing to the extent and manner provided for in this policy. See OSSD BOT Policy JCDAB - Student Drug Testing Program Extracurricular Activities.
Possession and/or Reasonable Suspicion
Subject to the limitations contained in this policy, OSSD may require any student to submit to a drug and/or alcohol test if there is reasonable suspicion that the student has or is using prohibited drugs and/or alcohol:
- at school, or
- off-school property at a school-sponsored or school-approved activity event or function, or
- at any other place or time set forth in Article III of this policy, or
- is under the influence of prohibited drugs or alcohol on school property or at any school-sponsored or school-approved activity, event or function. Reasonable suspicion must be based on specific contemporaneous physical, behavioral or performance indicators of probable drug and/or alcohol use which can be articulated. Reasonable suspicion will not arise when indicators are not observed as provided in Article VIII of this policy.
The following circumstances shall constitute grounds for reasonable suspicion:
- abnormal or erratic behavior indicating intoxication in class, at school or at the event, function or activity;
- physical symptoms indicating intoxication including but not limited to glassy or bloodshot eyes, slurred speech, loss of balance, poor coordination or reflexes;
- first-hand information provided by reliable and credible (preferably adult) sources of use, possession or intoxication while at school or at a school-sponsored or school-approved function, activity or event;
- the presence of the drug on the student, detectable by the senses, such as the smell of activated marijuana or alcohol; or
- possession of illegal drugs; prescription drugs for which the student does not have a prescription; or alcohol containers or drug paraphernalia.
Any one of the above listed circumstances shall be sufficient to constitute grounds for reasonable suspicion. If one of the above listed circumstances is found, OSSD employees and administrators may, but are not required to, consider the following factors in corroboration of the finding of reasonable suspicion:
- excessive tardiness;
- decrease in academic performance;
- recent violation of school rules and regulations;
- any efforts to evade detection of the use or possession of drugs or alcohol or misrepresentations or untruths regarding the circumstances constituting grounds for reasonable suspicion;
- information provided by reliable and credible sources of use, possession, or intoxication while at school or a school-sponsored or school-approved function, event or activity;
- prior confirmed discipline for violations of this policy or violations of drug and alcohol laws.
- NOTE: If a student appears incoherent, semi-conscious, unconscious or convulsive, or appears to be hallucinating, is in respiratory distress or anaphylactic shock, or is in other mental or physical distress indicating danger or injury to the health and safety of the student, OSSD personnel shall seek immediate medical attention before any other actions under this policy are undertaken. The health of the student shall be given first priority.
Any OSSD employee who reasonably suspects that a student possesses, is using or is under the influence of drugs and/or alcohol should report such suspicions to a member of the administrative staff. The employee and administrative staff member must agree that the circumstances constitute reasonable suspicion of drug and/or alcohol use before a student can be requested to take a drug or alcohol test under these provisions. The administrative staff member is required to write in reasonable detail the facts, symptoms or observations which form the basis of the reasonable suspicion.
Once reasonable suspicion is found by both the employee and the administrator, the administrator or his designee shall check to see if a consent form has been signed by the student and/or the parent/guardian. If a consent form has not been signed, the administrator shall contact the parent/guardian to sign a consent form, and the administrator should make a note of the contact. Testing shall not occur in the absence of consent by the parent/guardian. If no consent form has been signed after the finding of reasonable suspicion, and no consent is given within one (1) hour after notification to the parent/guardian, the administrator may, at his or her discretion, impose discipline based upon the reasonable suspicion, with notations of and inferences from the failure to take a drug or alcohol test after a finding of reasonable suspicion, may record the failure in the student’s discipline record after a finding of reasonable suspicion, and/or recommend counseling and drug and alcohol education.
For further information, see OSSD BOT Policies JCDAB - Student Drug Testing Program Extracurricular Activities and JCDAC - Drugs & Alcohol (Possession or Reasonable Suspicion).
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It is the intent of OSSD to provide a clean, safe, and orderly environment for the students, teachers, administrators, and others in an order that conditions conducive to learning may be present at all times. As outlined in OSSD BOT Policy JCBD - Vandalism/Destruction of Property, any student who destroys or damages school property or the property of another student, teacher, administrator, or any employee of OSSD shall be suspended and/or expelled in accordance with law and other policies of the OSSD BOT.
The parent, guardian, or custodians of a compulsory school-aged child enrolled in OSSD shall be financially responsible for the student’s destructive acts against school property as defined by policy, and OSSD is authorized to institute legal proceedings against the parents, guardians, or custodians of the student in an effort to recover damages in an amount not to exceed $20,000 plus necessary court costs in an effort to recover damages caused by the willful and malicious destruction of property.
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Physical violence or fighting will not be tolerated either on the school grounds, on buses, or at any school activity. Any physical struggle that includes an act of violence by one (1) participant toward another will result in immediate disciplinary action.
In the event there is an exchange of physical violence between two (2) or more participants, all participating will receive disciplinary action.
OSSD BOT Policy JDAB - Fighting: Disciplinary Action recognizes the fundamental right of every student to take "reasonable actions" as may be necessary to defend himself or herself from an attack by another student who has evidenced menacing or threatening behavior through bullying or harassment. Furthermore, OSSD defines "reasonable action" as promptly reporting the behavior to a teacher, principal, counselor, or other school employee when subjected to bullying or harassing behavior.
Grades 4-12
The disciplinary action for fighting or physical violence, with the exception of the use of dangerous or destructive weapons, will be an automatic isolation/suspension of the student or students involved for five (5) days for the first altercation. Any student that is involved in a second altercation during the school year shall be suspended for up to 9 days, pending recommendation to the Alternative Education Center (AEC) for a period of not less than 45 days of school. The school principal will determine, based on the circumstances of the individual case, whether the disciplinary action will be out-of-school suspension or off campus suspension. If the administration determines that a fight poses a serious danger to the students involved or to the well-being of the campus, participating parties will be suspended up to nine (9) days and may be referred for expulsion to the AEC.
The disciplinary action for fighting or physical violence, with the exception of the use of dangerous or destructive weapons, will be an automatic isolation/suspension of the student or students involved for five (5) days for the first altercation. Any student that is involved in a second altercation during the school year shall be suspended for up to 9 days, pending recommendation to the Alternative Education Center (AEC) for a period of not less than 45 days of school. The school principal will determine, based on the circumstances of the individual case, whether the disciplinary action will be out-of-school suspension or off campus suspension. If the administration determines that a fight poses a serious danger to the students involved or to the well-being of the campus, participating parties will be suspended up to nine (9) days and may be referred for expulsion to the AEC.
Any student that instigates, encourages, or records a fight is subject to disciplinary action.
OSSD may also file charges against violent students to ensure the safety of the campus. Students found in violation of this policy are subject to referral to Jackson County Youth Court.
This policy is separate and distinct from the policy regarding possession and/or use of weapons by students.
See also: OSSD BOT Policy JCBE - Unlawful or Violent Acts.
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The OSSD BOT recognizes that staff may be called upon to intercede in situations wherein students may be displaying physically violent behavior MS Code § 37-9-69 and 37-11-57. The use of seclusion, excessive force, or cruel and unusual punishment is prohibited.
This policy in no way shall inhibit the right of staff to reasonable self-defense in accordance with the provisions if the 5th and 14th amendments to the Constitution of the United States, or the Constitution of Mississippi, nor negate the obligation of OSSD to provide a safe work environment.
In any situation in which a student is a danger to himself/herself or others, and it becomes necessary to contact law enforcement or emergency medical personnel, nothing in this policy guidance shall be construed to interfere with the duties of law enforcement or emergency medical personnel.
Restraint
Physical restraint is considered to be an emergency response after all other verbal and non-verbal de-escalation measures have failed. Any use of restraint will be preceded by the following de-escalation interventions:
- Order the student to desist in the behavior.
- Advise the student that they will be restrained if the behavior does not cease.
If the student is non-compliant with de-escalation interventions, the staff member should, if physically possible, apply any of the restraint techniques that have been approved by the Mississippi Department of Education, law enforcement agencies, or a form of restraint that is reasonable, prudent, and non-injurious. Staff is cautioned to use professional judgement as deemed by a reasonable person in responding to student altercations. Under absolutely no circumstances will restraint techniques be used as punishment. Staff may, however, use restraint techniques to control and restrain a student under the following conditions:
- The student is an imminent danger to himself/herself
- The student is an imminent danger to others
- To prevent the destruction of property
- To move a student who does not comply
In the event a student continues to be aggressive, violent, or belligerent while in physical restraint, security personnel may place the subject in mechanical restraints. Mechanical restraints will only be used by law enforcement. If conditions permit, the student may be advised that if mechanical restraints are used, appropriate charges will be filed and the student may be turned over to other local agencies for detainment. As soon as conditions permit, the mechanical restraints will be double locked so they will not inadvertently tighten. Restraint is to be applied until compliance is met and the student is no longer a danger. The student is to be removed from a public area immediately and an appropriate response to the incident should follow.
When using physical restraint for students, staff should take the precautions necessary to ensure the safety of the student and the staff members engaged in restraining the student.
- Physical restraints that restrict the flow of air are prohibited in all situations.
- The use of mechanical restraints is prohibited, except by law enforcement.
- The use of chemical restraints is prohibited.
The restraint shall be removed as soon as the student is no longer a danger to himself/herself or others, but shall be immediately removed at any point the student appears to be or claims to be in severe stress. When the student is able, he/she should be returned to the instructional activity, or to a less restrictive
environment.
environment.
Seclusion
Seclusion shall not be implemented in OSSD. Seclusion is defined as "the confinement of a student without supervision in an enclosure from which the student's egress is restricted." Seclusion does not include in-school suspension, time-out in the classroom or sensory room, detention, or alternative school.
Isolation
Trained OSSD personnel may use isolation to address a student's behavior if that behavior constitutes an emergency and isolation is necessary to protect a student or other person from imminent, serious physical harm after other less intrusive, less restrictive, non-physical interventions, or other alternative approaches have failed or been determined inappropriate. Only OSSD personnel trained in the use of restraint and isolation should be used to observe and monitor these students in person. Staff engaged in monitoring students shall have knowledge of effective restraint and isolation procedures, emergency procedures, and knowledge of how to effectively debrief students after the use of restraint or isolation.
The use of isolation occurs in a space that is physically isolated from common areas and from which the student is physically prevented from leaving. The room or space used for isolation my not be locked and 2 members of staff shall be present at all times to monitor the student. Isolation shall cease once the student regains control of his/her behavior. The room shall provide adequate lighting and ventilation.
Administrative Procedures
- All parents shall receive written information about the policies and procedures for restraint and isolation issued by OSSD. The adopted OSSD BOT policies shall be included in the student handbook.
- Parents or guardians shall be notified verbally or in writing on the day the restraint or isolation took place. In the event a parent cannot be reached by telephone, a letter shall be sent via email and standard mail informing the parent of the incident and the person who can be contacted at the school to address any questions the parent may have. At the time the parent is notified, the school will offer to schedule a debriefing with the parent to discuss the incident.
- A parent may submit a complaint regarding the physical restraint or isolation of their child to OSSD by following the policy KL-R Public Complaints.
For more information, see OSSD BOT Policy JCBA - Student Restraint & Seclusion.
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OSSD BOT Policy JCDAE - Weapons
Any student who possesses a knife, handgun, other firearm or any other instrument, including ammunition, considered to be dangerous and capable of causing bodily harm or who commits a violent act on educational property as defined in MS Code § 97-37-17, may be subject to automatic expulsion or placement at the alternative education center for up to a calendar year by the Superintendent or principal of the school in which the student is enrolled; provided, however, that the Superintendent shall be authorized to modify the period of time for such expulsion on a case by case basis. Such expulsion shall take effect immediately subject to the constitutional rights of due process, which shall include the student's right to appeal to the OSSD BOT (MS Code § 37-11-18) under policy JCAA - Due Process.
The principal shall suspend the student out of school for a period of up to ten (10) days and shall recommend the student for expulsion.
Any disciplinary action administered in accordance herewith shall be subject to the requirements of Part B of the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act.
For purposes of this policy and as defined in MS Code § 97-37-17.
- "Weapon" shall mean any device enumerated in subsection (2) or (4) of that section.
- "Educational property" shall include any public or private school buildings or bus, public or private school campus, grounds, recreational areas, athletic fields, or other property owned, used or operated by any local school board, school, college or university board of trustees, or directors for the administration of any public or private educational institution or during a school-related activity.
This policy applies to the following:
- OSSD gymnasiums, restrooms, and bus stops.
- Off site school sponsored events (such as graduation, awards, banquets, etc).
- Any school sponsored activity.
- Travel to and from school.
- Attendance at and travel by students to participate in athletic programs, extracurricular activities, clubs, ceremonies, contests, field trips, competitions, etc.
- Violations of this policy while on the campus of another institution while a student may be present for purposes of participating in athletic programs, extracurricular activities, clubs, ceremonies, contests, field trips, competitions, etc.
The BOT recognizes the fact that students are allowed to drive automobiles to school and the BOT considers this to be a privilege. Students shall be notified that each student shall be responsible for the contents of the vehicle driven to school. Students shall be further advised of the responsibility to inspect their vehicles each day prior to entering the campus. A student shall be disciplined in accordance herewith for any weapon which is in the student's vehicle and which should have been discovered upon inspection of the vehicle. The student handbook shall be supplemented so as to include notice in accordance herewith.
Weapons are allowed to be on school properties under the following circumstances:
- Law enforcement officers and other government officials may carry weapons onto school grounds as permitted by law.
- Those used within the Junior Reserve Officers Training Corps (JROTC) program in conducting training when such training is a normal element of such programs; such programs may include training in the use of pneumatic guns. Such training shall occur only at a location or locations approved by the Superintendent;
- MHSAA sanctioned or school board approved activities (ex. Archery or Shooting Sports);
- Replica firearms by a ceremonial color guard; and
- Approved safety classes. This approval must be in writing and granted prior to the weapon being brought to school.
Pursuant to MS Code § 37-11-29, the OSSD Superintendent or his/her designee shall immediately report violations of this policy to the appropriate local law enforcement agency.
For more information, see OSSD BOT Policy JCDAE - Weapons.
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Student Complaints of Bullying or Harassing Behavior
In accordance with MS Code §37-11-67, OSSD BOT Policy JDDA - Bullying, OSSD shall enforce anti-bullying behaviors. Students and employees in OSSD are protected from bullying or harassing behavior by other students or employees. It is the intent of the BOT and administration to maintain an environment free from bullying and harassing behavior. OSSD BOT Policy JDDA provides a complaint procedure and a process for filing, processing, and resolving complaints of such conduct. Adherence to these procedures is mandatory. The failure of any person to follow these procedures will constitute a waiver of the right to pursue a complaint at any level, including review by the BOT.
Bullying Definitions:
“Bullying" or "harassing behavior” is any pattern of gestures or written, electronic or verbal communications, or any physical act or any threatening communication, or any act reasonably perceived as being motivated by any actual or perceived differentiating characteristic that (a) places a student or school employee in actual and reasonable fear of harm to his or her person or damage to his or her property, or (b) creates or is certain to create a hostile environment by substantially interfering with or impairing a student's educational performance, opportunities or benefits.
A "hostile environment" means that the victim subjectively views the conduct as bullying or harassing behavior and the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is bullying or harassing behavior.
The above conduct constitutes bullying if that conduct interferes with a student’s education or substantially disrupts the operation of a school MS Code § 37-11-67.
Bullying or harassing behavior will not be condoned or tolerated when it takes place on school property, at any school-sponsored function, on a school bus, or when it takes place off school property when such conduct, in the determination of the school superintendent or principal, renders the offending person’s presence in the classroom a disruption to the educational environment of the school or a detriment to the best interest and welfare of the pupils and teacher of such class as a whole. See Mahanoy Area School District v. B.L., 141 S.Ct.2038 (2021).
OSSD encourages anyone who has witnessed or has reliable information that a student or school employee has been subject to any act of bullying or harassing behavior to report the incident to the appropriate school official. Retaliation or reprisal against any person, including a victim, a witness, or another person, who in good faith provides information concerning an incident of bullying or harassing behavior, is prohibited. MS Code § 37-11-67
OSSD discipline policies and procedures recognize the fundamental right of every student to take “reasonable actions” as may be necessary to defend himself or herself from an attack by another student who has evidenced menacing or threatening behavior through bullying or harassment. Furthermore, OSSD defines “reasonable action” as promptly reporting the behavior to a teacher, principal, counselor, or other school employee when subjected to bullying or harassing behavior.
The complaint procedure and anonymous bullying reporting form may be accessed by visiting the district website at ossdms.org.
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