MEMPHIS STREET ACADEMY CHARTER SCHOOL - CODE OF CONDUCT

SCHOOL DISCIPLINARY APPROACH

We believe that all children are capable of achieving high levels of success. A scholar is most successful when cooperative strategies are implemented between school and home. Parents and families are an integral part of the learning process and a student’s success.

We believe that a safe and nurturing environment is essential to student learning. All members of the school community deserve to be treated with dignity and respect. We support all students regardless of race, ethnicity, gender, class, sexual orientation or religious beliefs. We believe that all students have unique qualities that contribute to a positive learning environment.

We pledge to:

● support scholars by giving them proper tools to ensure academic, social and emotional development

● prepare scholars for high school, college and career readiness ● work cooperatively with scholars and families to ensure an optimal learning

environment for all scholars● build relationships through a variety of activities that encourage trust and a focus on

community● uphold the school wide norms that support academic achievement and positive

social conduct

As scholars of a Renaissance School, all scholars of MSA are expected to abide by both the MSA’s Expectations for Student Behavior and the School District of Philadelphia’s Code of Student Conduct. The School District of Philadelphia’s Code of Conduct can be located at http://www.phila.k12.pa.us/offices/administration/policies/CodeofConduct.pdf.

Any failure to adhere to any particular code of conduct or disciplinary policy or procedure of the District in this Family Guidebook shall not excuse the behavior in question, or absolve the scholar from appropriate consequences in accordance with District policy. In the event that culpability is established after an investigation and hearing before the Disciplinary Committee of the Board of Trustees a long-term suspension or expulsion may be warranted.

MEMPHIS STREET ACADEMY CHARTER SCHOOL-WIDE NORMS

All scholars are responsible for upholding our school-wide norms. If a student does not comply with the Norms he/she will be expected to discuss and solve the situation with the help of a supervising adult. Depending on the severity of the infraction, the student may also serve a logical consequence. (Please see Tier 1 & Tier 2 Infractions Section of Code of Conduct).

Campus Norms

1. At Memphis Street Academy Charter School we wear our proper uniform.2. At Memphis Street Academy Charter School we show respect to people and property.3. At Memphis Street Academy Charter School we arrive prepared and on time every day. 4. At Memphis Street Academy Charter School we use scholarly language.5. At Memphis Street Academy Charter School we obey the quiet signal.6. At Memphis Street Academy Charter School we resolve conflict peacefully. 7. At Memphis Street Academy Charter School we use technology only when permitted. 8. At Memphis Street Academy Charter School we accept redirection.9. At Memphis Street Academy Charter School we help one another.10. At Memphis Street Academy Charter School education is a core value.11. At Memphis Street Academy Charter School outside food remains outside.

Hallway and Transition

1. In the hallway and during transition we walk in a single file line on the right side of the hallway.2. In the hallway and during transition we keep our hats and hoods off our heads.3. In the hallway and during transition we keep our hands to ourselves.4. In the hallway we carry a visible hall pass when without a staff member. 5. In the hallway and during transition we only use our own lockers and only at appropriate times.6. In the hallway and during transition we go directly to our destination.7. In the hallway and during transition we respect the instruction going on around us.

Classroom Norms

1. In the classroom we quietly raise our hand and wait to be called on before we speak. 2. In the classroom we give our best effort.3. In the classroom we are prepared and ready to learn. 4. In the classroom we track the speaker. 5. In the classroom we are committed to continuous academic and social growth.6. In the classroom we remain in assigned areas and on task.7. In the classroom we follow the directions of the teacher.

Cafeteria Norms

1. In the cafeteria we use inside voices and talk amongst ourselves.2. In the cafeteria we follow directions. 3. In the cafeteria we clean up after ourselves. 4. In the cafeteria we use good manners. 5. In the cafeteria we practice safety.6. In the cafeteria we remain seated in our designated area unless otherwise instructed. 7. All food and drink remain in the cafeteria.

Assembly

1. In Assembly we track the speaker.2. In Assembly we keep our hands and our feet to ourselves.3. In Assembly we sit where directed.4. In Assembly we arrive and dismiss in an orderly fashion.5. In Assembly we talk only when directed.6. In Assembly we sit up straight with our feet on the floor.

7. In Assembly we acknowledge the speaker/performer appropriately. 8. In Assembly we are engaged.

*This is a list of shared school-wide norms and is not all encompassing of our high expectations for behavior.

PARENT INVOLVEMENT

The Memphis Street Academy Charter School community consists of teachers, non-teaching staff, administrators, scholars and parents/guardians. Parents and families are an integral part of a scholar’s education. We welcome your participation in the school community. Scholars take pride in a school when they see parents, guardians and teachers working side by side to create an optimal learning environment. We look forward to working with you!!

For a full parent involvement policy, please reference the Title I section of this handbook.

POSITIVE RECOGNITION, REDIRECTION, AND REINFORCEMENT

Memphis Street Academy Charter School believes that scholars learn best in a positive and supportive environment. Memphis Street staff will use language that is clear, simple and direct in recognition, redirection and reinforcement; language that is genuine and respectful to all members of the Memphis community, showing faith in an individual’s abilities and potential. At Memphis, scholars celebrate their academic and social achievements throughout the year. Celebrations occur frequently and in various settings. These celebrations may be as a school, a grade, and as a class or as individuals. All scholars will have the privilege of participating in these celebrations by upholding the Memphis Street Academy Charter School Scholar Norms.

PERSONAL ELECTRONIC DEVICES

Personal electronic devices, including, but not limited to, iPods, iPads, MP3 players, recorders, cameras and electronic games may not be used while on school grounds. Scholars maintain the responsibility for properly securing their property. Personal electronic devices, including earbuds/earphones, which are used on school property will be confiscated and may be retrieved from the Team Leader by a parent or guardian only. If this is a repeated offense, these items will be held by the Team Leader until the end of the school year. Memphis Street Academy Charter School will not assume responsibility for any lost, stolen, or damaged personal electronic devices.

Scholar cell phones may not be seen or heard in the building at any time. This includes texting in any form, at any time. This also includes using the clock, camera, or calculator feature on a cell phone. Cell phones which are seen or heard will be confiscated and may be retrieved from the Team Leader by a parent or guardian only. If this is a repeated offense, the cell phone will

be held by the team leader until the end of the school year. Memphis Street Academy Charter School will not assume responsibility for any lost, stolen, or damaged cell phones or any other electronic devices.

No scholar may reveal over the Internet, in any form, the personal information, picture/image of a current or former student, administrator, staff member, or parent. In addition, the guidelines extend to any time away from school where social media and the internet is concerned.

Using social media academically is an extension of the classroom environment. When scholars use social media for academic purposes, such as for a school assignment, they are required to treat the platform as a digital extension of the classroom. In cases of school-related uses of social media all regular school rules and norms will apply online as in school. Additionally, for school-related social media, scholars may not tag student and teacher posts, photos, or videos unless given direct permission from their teacher.

Sometimes, personal social media used by scholars, including off-hours use, may result in disruption at school and Memphis Street Academy Charter School may need to get involved. All infractions outlined in the Discipline Code prohibiting negative and bullying communication apply to electronic communication as well.

It is understood that scholars attending school events such as sporting events and other activities may take photos or generate social media regarding the event. Unless prohibited, this use of social media is acceptable. It is important to note, however, that if such social media is used to bully, harass, intimidate or otherwise defame scholars, staff, or the school, MSACS may decide to take action regarding misuse of social media. Please note that student use of social media, including but not limited to email, Facebook, Twitter, Instagram, etc., including use of social media while away from school (at home, etc.), is subject to all rules regarding bullying, harassment, etc. See Tier II incidents.

DISCIPLINARY ACCOUNTABILITY

While the following procedures outline Memphis Street Academy Charter School’s process of progressive discipline, Memphis Street Academy Charter School considers the facts of each incident in determining whether suspension, referral to the COSMIC Academy, or expulsion

may be an option. Therefore, while Memphis Street Academy Charter School is committed to progressive discipline, the severity of a given action by a student may warrant direct consideration of suspension and/or expulsion.

Memphis Street Academy Charter School practices progressive discipline. This is defined as a system of discipline where the consequences may increase upon repeat occurrences. We consider previous behaviors, and when those behaviors are repeated, consequences may build from minor to moderate to severe. The Student Intervention Program (SIP) is utilized to identify supports for scholars as we provide interventions to ensure scholar success.

Memphis Street Academy Charter School has developed the following guidelines to guide the conduct of students, school employees/volunteers, and parents/guardians. These guidelines expand upon the Memphis Community Guidelines and will apply at all times that school is in session, during any school program or function, either in the building or at any other location, as well as during arrival and dismissal, and traveling to and from school. This includes travel on school district vehicles, private and public transportation.

The guidelines are informed by the understanding that all individuals in the Memphis Street community will treat others with dignity, respect, kindness, and understanding. This is consistent with Memphis’s mission to enhance, support and promote the critical thinking and the problem solving skills of its school-age learners as they master and exceed Pennsylvania and national education standards.

LATENESS GUIDELINES

Parents are asked to make punctuality a priority. Punctuality is directly linked to a scholar’s success in school. Please remember that Pennsylvania law states that it is the parent’s/guardian’s responsibility to ensure their scholars arrive at school on time.

Lateness will be defined as arriving to school after 8:30am. Please take this into consideration when bringing your scholar to school.

Parents must write a note and/or sign their scholar in at the receptionist desk or main office. Please note that this written explanation does not automatically cause lateness to be recorded as “excused”. Scholars who arrive to school on time, but are late to class, may be given disciplinary consequences.

Attendance records can easily become subject to discrepancies and errors when students lateness must be reentered or corrected. Please help us ensure every child maintains an

excellent attendance record by making every effort to have your student arrive on time each day.

Scholar is late three (3) times The parent/guardian may receive a phone call or note home.

Scholar is late five (5) times The scholar’s teacher will contact the parent/guardian.

The teacher and/or parenting adult will be given the opportunity to request a meeting to discuss concerns and possible interventions that may be necessary to ensure the scholar’s punctual arrival.

Scholar is late ten (10) times An administrative review will take place. This may include any or all of the following steps:

● The school administration will review all communication between school and home.

● The teacher will submit Tier 1 paperwork for the Student Intervention Program(SIP)

● The teacher will send a letter requesting a meeting with the parent/guardian.

Scholars who demonstrate a pattern of chronic lateness

The scholar will be recommended for Tier 2 of the Student Intervention Program (SIP). The school counselor will oversee the Tier 2 truancy interventions.

ATTENDANCE GUIDELINES

One element of scholar success is time-on-task. In order to accomplish this, students first and foremost must be present and on time each school day. To ensure that scholars receive the most effective education entitled to them, the following attendance policy is in place.

The scholar will be expected to make up work according to each teacher’s make-up work policy.

The scholar must present a valid note from his/her parenting adult upon his/her return to school. Failure to do so will result in an unexcused absence. Memphis Street

Academy reserves the right to code an absence as unexcused if the absence is not due to illness, death in the family, required court attendance, quarantine, religious holidays, or authorized school activities. Official documentation should be submitted with the excuse note.

Scholar is absent for three (3) or more consecutive days The parent/guardian will receive a phone call from the scholar’s homeroom teacher. Scholar must return to school with official documentation to excuse the absence.

Scholar is absent three (3) cumulative days The parent/guardian will receive a phone call from the scholar’s homeroom teacher.

A documented file will be kept to ensure the scholar is in compliance with Pennsylvania’s compulsory education laws.

Scholar is absent five (5) cumulative days(approximately 35 hours of instruction) The teacher will monitor the scholar’s attendance through the Tier I Student

Intervention Program (SIP). The teacher may request a meeting to discuss the impact of the scholar’s attendance on his/her academic progress.

Scholar is absent ten (10) cumulative days(approximately 70 hours of instruction) An administrative review will take place. This may include any or all of the

following steps:

● The school administration will review all communication between school and home

● The scholar will be entered into Tier 2 of the SIP process● The parent/guardian will receive a phone call and letter from the

Counselor.● The parent/guardian must attend a meeting with MSA Team Leaders

and school counselor to investigate the reasons for the excessive absences and develop a truancy elimination plan.

● Place scholar on academic probation● Suspend the scholar from school activities● Refer the case to the Department of Human Services (DHS)● Refer the case to the District Attorney’s Office● Assign scholar to summer school● A home visit may be scheduled● An attendance concern packet will be given to scholar for completion

Scholar is absent eighteen (18) cumulative days (approximately 10% of the school year)

There will be a follow up meeting with the Truancy Team. The scholar may be recommended for retention in the same grade for the upcoming school year.

Please note:

Any scholar who has, at any time in the school term, been absent from school for 10 consecutive days, will thereafter be removed from the active roll and must return to his/her neighborhood school unless one of the following incident occurs:

1. Memphis Street Academy Charter has been provided with evidence that the absence may be legally excused.

2. Compulsory attendance prosecution has been or is being pursued.

GUIDELINES FOR TIER 1 INCIDENTS AND ACCOUNTABILITY– (TEACHER LEVEL INTERVENTION)

The table below outlines the possible consequences for various scholar behaviors. Examples of inappropriate behavior include, but are not limited to, those listed in the left-hand column. The right hand column lists the possible consequences, all of which may apply to any of the listed behaviors.

BehaviorPossible Accountability

(More than one consequence may be assigned)

Disrespectful tone and/or body language toward school employee

Dress Code violation

Eating gum, candy, seeds

Hurtful word/action

Inappropriate displays of affection

Misuse of technology

Not following directions

Play fighting

Student arguments

Unexcused lateness to class

Insubordination

Off tasks behaviors

Non-compliance with homework

The following may apply to ALL behaviors listed in the column to the left:

Scholar may be assigned a reflective activity.

Scholar status review may be occur.

Scholar may discuss and practice expected behavior with teacher and/or peers.

Mediation may occur between all participants. This will include a chance to “fix” relationships or objects.

Teacher may contact parent by phone, note, or by e-mail.

Scholar may lose a privilege (field trip, class activity, etc.).

Scholar may be given an assignment to be done in school or at home.

Parent meeting may be requested.

Scholar may be assigned a daily behavior log.

Scholar may be given in-school community service to “fix” relationships or objects.

Scholar may be assigned lunch or after school detention.

Scholar may be expected to discuss the redirection and norms violation during assembly.

Hierarchy of Accountability:

In the event that there are repeat offenses for Tier 1 behavioral issues, the consequence will likely move to the next level of severity and a parent meeting will be required. There are a variety of interventions in place to meet the behavioral needs of scholars. In the event that documented teacher level interventions are unsuccessful, a scholar may be referred to Tier 2 of the Student Intervention Program (SIP).

GUIDELINES FOR TIER 2 INCIDENTS AND ACCOUNTABILITY

The table below outlines the possible consequences for various scholar behaviors. Examples of inappropriate behavior include, but are not limited to, those listed in the left-hand column. The right hand column lists the possible consequences, all of which may apply to any of the listed behaviors.

Behavior

(incidents that may lead to a suspension)

Possible Accountability

(More than one consequence may be assigned)

Aggressive language (including profanity)

Use of slurs or offensive language motivated either by any actual or perceived characteristic such as gender, age, race, color, sexual orientation, gender identity expression (known or perceived), ethnicity, national origin, religion, disability, physical appearance, socioeconomic status and/or political beliefs.

Reckless endangerment to others or self

Destruction of property

Endangering self or others

Bullying, harassing, threatening, or instigating the harassment of another scholar

Inappropriate use of the Internet and other social media

Inappropriate touching

Instigating a fight or assault

Making threats that refer to the use of a weapon to cause harm

Not following directions during safety drills

Out of Bounds

Plagiarism/Cheating

Physical Violence

Spitting on another person or their things

Stealing or assisting another student who is stealing

Behavior that disrupts learning and/or make the class feel unsafe

Walking out of class

The following may apply to ALL behaviors listed in the column to the left:

The scholar may be referred to the Team Leader’s office.

Scholar may receive a behavior concern packet

Scholar status review may be occur.

Scholar may be expected to discuss the redirection and norms violation during assembly.

Scholar may discuss and practice expected behavior with Team Leader and/or teacher.

Mediation may be held for all participants. This will include a chance to “fix” relationships or objects.

Parent may be called by the Team Leader.

Parent may be asked to speak with the scholar at the time of the call to discuss the behavior and expectations.

A letter, documenting the incident, may be given to the parent. Parent is expected to sign and return the letter on the next school day.

Scholar may lose a privilege.

Scholar may be given an assignment to be completed at home.

Scholar may be given after-school community service.

Scholar may be assigned after-school detention.

Scholar may be assigned a lunch detention.

Scholar may be assigned Saturday detention.

Scholar may be suspended out of school between 1 and 3 days, not including the day of the incident.

In the event that a scholar has multiple suspensions from school, upon reinstatement the scholar may be recommended for assignment into COSMIC Academy as a Tier 3 intervention.

Bullying and cyberbullying

Extortion

Repeated Tier 1 offenses

Hierarchy of Accountability:

Scholars who have been suspended from school may be entered into Tier 2 of the Student Intervention Program (SIP).

Scholars who have had multiple suspensions may be recommended for Tier 3 of the Student Intervention Program (SIP).

Upon being reinstated after multiple suspensions, a scholar may be recommended for admission into the COSMIC Academy.

Scholars who struggle to follow school norms after being transitioned into COSMIC Academy may be suspended from school.

Scholars who are suspended from the COSMIC Academy may be required to participate in additional Tier 3 interventions such as a referral to an outside agency for behavioral support and/or an educational evaluation by the school psychologist.

Scholars who continue to display behavioral concerns after all interventions have been attempted may be scheduled for a hearing in front of the disciplinary committee.

Pending the outcome of the disciplinary hearing, a recommendation for expulsion from Memphis Street Academy Charter School may be made to the Board of Trustees.

Memphis Street Academy Charter School will consider the facts of each case in determining whether expulsion of a scholar should be an option.

GUIDELINES FOR INCIDENTS QUALIFYING FOR EXPULSION

When a scholar displays an egregious behavior, including, but not limited to:

Behavior Accountability

Any criminal conduct as defined by Pennsylvania Law.

Assaulting any person, as an individual or as a group, that results in bodily injury.

Attempting to engage or engaging in any conduct that threatens the health, welfare, or safety of any member of the school community.

Scholar shows signs of impairment.

Student is under the influence of drugs or in possession of tobacco or related paraphernalia, e-cigarette or alcohol product.

Possession of over the counter medication, look alike drugs and/or drug paraphernalia

Possession of any weapon, but not limited to, any knife, pocket knife, Swiss army knife, cutting instrument, cutting tool, nunchaku, firearm, bb gun, shotgun, rifle and any other tool, instrument or implement capable of inflicting serious bodily injury (as specified by Act 26 on following pages)

Repeated behaviors as defined under Tier 2 Incidents.

Any item brought or used with the intent to cause harm (as specified by Act 26 on following pages).

Scholar makes terroristic threats that disrupt the daily operation of the school and impose a safety threat.

The following may apply to ALL behaviors listed in the column to the left:

Scholar will be escorted to the Team Leader’s office.

Scholar and all belongings may be searched in the event of probable cause.

Parent/Guardian will be notified immediately.

Scholar will be escorted to the nurse’s office for an immediate nursing assessment.

A letter, documenting the incident, may be given to the parent. Parent is expected to sign and return the letter within five (5) days.

Parent/Guardian will be asked to pick their scholar up immediately.

Scholar will be suspended from Memphis Street Academy Charter School until a full evidentiary hearing on the expulsion of the student can be held before the Board of Trustees.

Memphis Street Academy Charter School may call the Department of Human Services (DHS) and/or The Philadelphia Police Department.

TERRORISTIC THREATS

Memphis Street Academy Charter School recognizes the danger that terroristic threats by scholars present to the safety and welfare of scholars, staff and community, even if the result is fear or disruption without physical injury. Therefore, MSA will not tolerate any such conduct by any student, which is prohibited. “Terroristic threat” is defined as a threat communicated either directly or indirectly to commit any crime of violence with the intent to terrorize another; to cause evacuation of a building, place of assembly or facility of public transportation; or to otherwise cause serious public inconvenience, or cause terror or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience. Any scholar whom MSA determines, after investigation, to have engaged in such conduct, alone or having any part thereof, shall have committed the egregious offense of “terroristic threat.” Such scholar may be recommended for expulsion.

TOBACCO USE

MSA recognizes that tobacco use by scholars poses a health and safety hazard which can have serious consequences for both users and nonusers, and the safety and environment of the school. “Tobacco use” includes the use and/or possession of a lighted or unlighted cigarette, cigar, and pipe; other lighted smoking product; smokeless tobacco in any form; and paraphernalia associated with tobacco use such as rolling papers, matches, and lighters. “Tobacco use” by students is prohibited at any time in a school building or any property, facility, bus or other vehicle owned, leased or controlled by MSA or by a third-party on behalf of MSA and its students. Any scholar whom MSA determines, after investigation, to have committed the serious offense of “tobacco use” will face appropriate disciplinary consequence.

DRUG AND ALCOHOL POLICY

CONTROLLED SUBSTANCES: DRUG AND ALCOHOL ABUSE POLICY

MSA recognizes that the abuse of controlled substances is a serious problem with legal, physical, and social implications for the entire school community. As an educational institution, MSA will strive to eliminate this insidious problem from its Caring School Community, for the safety, health and well-being of all members in general.

For the purposes of this policy, the term, “controlled substance” includes all of the following:

1. Any controlled substance prohibited by federal and state law2. Any item or substance that is designed or intended to resemble a controlled substance prohibited by this

policy, or that is used in a manner likely to induce others to believe the material is a controlled substance3. Alcoholic beverages4. Anabolic steroids5. Drug paraphernalia6. Any volatile solvents or inhalants, such as but not limited to glue and aerosol products7. Any substance that when ingested causes a physiological effect that is similar to the effect of a controlled

substance as defined by state or federal law, such as but not limited to products containing synthetic cannabinoids

8. Prescription or nonprescription (over-the-counter) medications, except those for which permission for use in school has been granted.

Scholars are prohibited from using, possessing, distributing, selling or being under the influence of any “controlled

substance” during school hours, upon school grounds, at a school program or activity, or traveling to/from school. The Police will be notified promptly if a scholar is suspected of unlawfully possessing any “controlled substance” that is prohibited by federal or state law. If any such substance is seized, the suspected contraband will be turned over to the Police for analysis.If MSA determines, after investigation, that a scholar is in possession of a “controlled substance,” is under the influence of a “controlled substance,” did or attempted to use, distribute or sell any “controlled substance” during school hours, upon school grounds, at a school program or activity, or traveling to/from school, then MSA will take corrective disciplinary action for this egregious violation, up to referral for expulsion from MSA.

WEAPONS

Possession of weapons in the school setting is a threat to the safety of students and staff, and is prohibited not only by law.

The term “weapon” shall mean any object, device, or instrument designed as a weapon or capable of threatening or inflicting serious bodily harm or which may be used to inflict self-injury. This definition includes, but is not limited to: any firearm, bb gun, shotgun, or rifle, whether loaded or unloaded; any knife, cutting instrument, or cutting tool; any nunchaku; any chemical agent such as pepper spray or mace; laser pointer; stun gun; incendiary device; any other tool, instrument or object used or intended to be used to inflict serious bodily harm to another. The term “weapon” shall also include any simulated, replica, toy, or look-alike weapon.

Scholars are prohibited from possessing any weapon on the way to or from Memphis Street Academy Charter School, while on school property, while attending any school-sponsored activity, and/or while on any public vehicle providing transportation to school or to a school-sponsored activity, including SEPTA.

A scholar is regarded as in possession of a weapon when the weapon is found on the person of the scholar; in a scholar's designated storage space; or under the scholar's control while on school property, on property being used by the school, at any school function or activity, at any school event held away from the school, or while the scholar is coming to or from school or a school-sponsored activity.

Being in possession of a weapon is not limited to using it or intending to use it. Merely carrying the weapon, keeping it in one's designated storage space, locker, backpack or purse, or even holding it for a friend, is sufficient to be charged with this offense.

REQUIRED EXPULSION FOR WEAPONS POSSESSION UNDER ACT 26

Act 26 (24 P.S. Section 13-1317.2) is a Pennsylvania law which requires the expulsion of any scholar who possesses a weapon on school property, at a school function, or going to or from school. The definition of weapon under Act 26 is “any knife, cutting instrument, cutting tool, nunchaku, firearm, shotgun, rifle, and [anything else] capable of inflicting serious bodily injury,” and therefore may include box cutters, pen knives on key chains or other common household items.

Act 26 additionally requires the school to notify the Police upon discovery of any weapon covered by the Act.

Any student who violates this weapons policy, which is an egregious offense, will be subject to a referral for expulsion, which constitutes the appropriate disciplinary consequence.

SUSPENSIONS HEARINGS AND EXPULSIONS

SUSPENSIONS

No scholar may receive a suspension unless the scholar has been informed of the reasons for the suspension and has been given an opportunity to respond before the suspension becomes effective.

Communication to the parents or guardians shall follow the suspension action taken by the school. When the suspension exceeds 10 consecutive school days, an informal hearing with the principal shall be

offered to the scholar and the scholar’s parent or guardian prior to the 11th school day in accordance with the procedures relating to hearings.

Conditions for Suspension

1. The CEO, Principal, or Team Leader will meet with the scholar prior to the suspension and discuss the reasons for the suspension. The scholar is to be offered an opportunity to explain the circumstances surrounding the event for which he/she is being suspended.

2. A suspended scholar is to be retained in the school building under supervision until the end of the school day, unless released to parents, guardian, or other responsible adult. Every effort should be made to establish immediate contact with the responsible adult.

3. Scholar are permitted to make up examinations and work missed while under suspension.

Procedure for Suspensions

1. Written notification that the pupil has been suspended is to be forwarded to the parent on the day that suspension is initiated. The notice must contain the following information.

The reasons for suspension as provided in the Code of Student Conduct The number of days of suspension The reinstatement date of scholar The date, time, and place for the parental conference.

2. Parents are to be requested to come to school for a reinstatement conference as a result of a suspension. The purpose of this conference is to discuss ways by which future offenses can be avoided, as well as to discuss behavioral interventions that are available to support scholars. Parents are expected to attend the conference during the scheduled reinstatement date and time. In the event that a parent is unable to keep the appointment, the parents should call the Team Leader to reschedule the reinstatement meeting. No scholar will be permitted to return from suspension without being reinstated by a legal guardian.

3. Parents are requested to come to the main office to pick up missed schoolwork and assignments. Parents are encouraged to call the main office to coordinate the exchange of schoolwork and assignments.

4. A pupil who fails to return to school on the reinstatement date is to be taken off the suspension list and handled as an absentee. The usual procedures are to be followed to encourage the pupil's return to school.

STATEMENT OF PURPOSE OF SUSPENSIONS

1. The use of suspension is for the involvement of parents in the remediation of a problem.2. It offers an opportunity for scholars to reflect on choices and align future behaviors with Memphis Street

Academy Charter School norms.3. It immediately diffuses a situation when the final resolution is not yet assured. 4. It is a forthright display of the dissatisfaction of the school with the behavior of the scholar.

HEARINGS

Education is a statutory right, and scholars must be afforded all appropriate elements of due process if they are to be excluded from school, whether by suspension or expulsion. In a case involving a possible expulsion, the scholar is entitled to a formal hearing, which is a fundamental element of due process.

Informal Hearings : The purpose of the informal hearing is to enable the scholar to meet with the appropriate school official to explain the circumstances surrounding the event for which the scholar is being suspended or to show why the student should not be suspended.

The informal hearing is held to bring forth all relevant information regarding the event for which the scholar may be suspended and for scholars, their parents or parenting adults, and school officials to discuss ways by which future offenses might be avoided.

The following due process requirements shall be observed in regard to the informal hearing:

1. Notification of the reasons for the suspension shall be given in writing to the parenting adults and to the scholar.

2. Sufficient notice of the time and place of the informal hearing shall be given. 3. A scholar has the right to speak and produce witnesses on his own behalf. 4. MSA shall offer to hold the informal hearing within the first 5 days of the suspension.

Formal Hearings for Expulsions A formal hearing is required in all expulsion actions. This hearing may be held before the Board of Trustees, a Disciplinary Sub-Committee of the Board, or a qualified hearing examiner appointed by the Board. A majority vote of the entire school Board is required to expel a student. The following due process requirements are to be observed with regard to the formal hearing:

1. Notification of the charges shall be sent to the scholar’s parents or parenting adult by certified mail. 2. Sufficient notice of the time and place of the hearing must be given. 3. The hearing shall be held in private unless the student or parent requests a public hearing. 4. The scholar has the right to be represented by counsel. 5. The scholar has the right to be presented with the names of witnesses against the student, and copies of

the statements and affidavits of those witnesses. *6. The scholar has the right to request that any such witnesses appear in person and answer questions or be

cross-examined. *

7. The scholar has the right to testify and present witnesses on his own behalf. 8. A record must be kept of the hearing, either by a stenographer or by tape recorder. The scholar is

entitled, at the scholar’s expense, to a copy of the transcript. 9. The proceeding must be held with all reasonable speed.

*If the Administration feels that this would be harmful to the scholars involved, we will require written statements in lieu of appearance.

SEARCHES AND SEIZURES

In the interest of maintaining a safe and orderly learning environment that facilitates scholarship and provides for the health and safety of our scholars, Memphis Street Academy Charter School reserves the right, when necessary, for the CEO, Principal, or his/her designee to conduct a search without a warrant if reasonable grounds exist for suspicion that a scholar has violated or is violating state or federal laws, city codes, or school policies. Such searches shall be made in the presence of the student if he/she is available.

Various types of school property including, but not limited to, hall lockers, gymnasium lockers, storage bins, musical instrument lockers and computer terminals (herein referred to collectively as "student storage space") are assigned to scholars for their convenience of storage or educational usage. School property remains the property of MSA. School property is not to be construed as belonging to, or for the sole use of the scholar, even though the scholar assumes full responsibility for the security of such property. The school maintains a master passkey, which opens storage facilities as well as combination locks.

To maintain order and discipline at MSA, and to protect the safety and welfare of scholars and staff members, school authorities may conduct a search and may seize any illegal, unauthorized or contraband materials discovered. Therefore, scholars should not expect privacy regarding school property items used or items placed on school property, because school property is subject to search at any time by school officials. School officials may conduct inspections or searches of student storage spaces at any time without notice, without consent and without a search warrant.

Law enforcement officers may assist MSA during school-initiated searches. Searches may include the use of dogs or mechanical devices for the discovery of contraband.

A scholar’s person and/or personal effects (i.e., purse, book bag, backpack or athletic bag, computers and other electronic devices) may be searched whenever a school official has reasonable suspicion to believe that the student is in possession of illegal or unauthorized material, contraband, or evidence of a crime or evidence of a violation of this Code. The scope of such a search shall be limited to the least intrusive means available. Escalation of the scope or intensity of a search may occur when the seriousness of the infraction or violation and the information supporting the investigation warrant.

When school authorities have exhausted all reasonable alternatives and still have reason to believe that contraband or proceeds of a crime are upon the scholar’s person, police may be called and presented with the facts.

The following is meant as a helpful guide to our Search and Seizure Policy. This is not a conclusive list and should not be regarded as such:

1. Scholar storage spaces, including lockers, desks, and other storage areas, remain in the possession and control of Memphis Street Academy School when they are made available (assigned) for scholar use. Scholars may use storage for the limited purpose of temporarily keeping items needed by the scholar to participate in school instruction and activities only. No other purpose is permitted. Scholars shall expect that storage will be checked by the school from time to time without prior notice to assure that such areas are not being used for any unauthorized purpose. Prohibited items may be removed and held by the school. Searches of school property assigned to a scholar may occur at any time without the scholar’s presence; however, the search should be limited to the scope which is reasonable under the circumstances.

2. Also, with respect to searches of scholar storage spaces, prior to a search, the scholar shall be notified and given an opportunity to be present. However, where school authorities have a reasonable suspicion that the scholar storage space contains materials which pose a threat to the health, welfare and safety of scholars in the school, scholar storage spaces may be searched without prior warning.

3. From time to time, the Principal may set aside a time period during which all scholars shall clean their assigned student storage.

4. Searches should be done by the CEO, Principal or his/her designated representative and be witnessed by at least one other staff member.

5. Illegal items (drugs, weapons, etc.) or items prohibited by MSA regulations or reasonably determined to be a threat to the safety of the possessor or others shall be seized.

6. Items used to disrupt or interfere with the educational process shall be removed from the scholar’s possession.

7. Items seized may be returned to the rightful owner or the proper authorities at the discretion of the CEO and/or Principal.

8. A search of the scholar’s person or assigned storage may be conducted by law enforcement officials in accordance with law.

9. Any materials seized in accordance with the search policies as described above may be used as evidence against a scholar in disciplinary proceedings.

SCHOLARS AND THE POLICE

Memphis Street Academy Charter School recognizes its responsibility both for the protection of the legal rights of its scholars and for notification to parents and/or parenting adults of matters affecting those rights. Whenever the school has reasonable suspicion that a scholar has committed a criminal act, the Administration will promptly notify the Police.

The CEO and/or Principal shall permit properly identified Police, Court, or law enforcement officers to interview scholars on school premises. When Police request permission to interrogate a scholar at school, the CEO and/or Principal shall make a record of the name(s) of the student(s); the name and badge number of the officer; the purpose of the interview; and, the date and time of the interview and so inform parents and/or parenting adults.

Unless instructed otherwise by the Police, whenever a scholar is interrogated within the confines of a school building, the CEO, Principal or his/her representative shall be present throughout the proceedings. A female member of the staff shall be present when female scholars are interviewed.

When the Police request permission to arrest a scholar at school, the CEO and/or Principal shall attempt to inform the student's parents. The CEO and/or Principal must also request the arrest warrant and inspect it.

No scholar shall be released to Police authorities without proper warrant, appropriate evidence or written parental permission, except in the event of emergency or for the protection of life or property as determined by the CEO and/or Principal.

SPORTSMANSHIP

Memphis Street Academy Charter School believes that athletic competition should be a positive and safe experience for everyone involved, conducted in an environment that cultivates values and ethics, strengthens the community, promotes competition without conflict and enriches the lives of scholar-athletes and all individuals involved. In order to promote core values such as discipline, fairness, responsibility, trustworthiness and citizenship, all participants, including players and spectators, are expected to exhibit good sportsmanship during athletic events and all activities relating to athletic events.

Scholar-Athletes In exhibiting sportsmanship, scholar-athletes shall:

Understand and follow the rules of the sport; Recognize skilled performance of others, regardless of team affiliation; Demonstrate respect for teammates, opponents, coaches and officials; Respect the judgment of officials and accept their decisions; Refrain from antics, taunting opponents, using insulting language or any other negative

behavior; Be modest when successful and gracious in defeat; Recognize that their conduct reflects strongly on their schools; and

Follow all school Discipline Policy rules pertaining to conduct on school property or during activities that are related to school events.

Spectators attending athletic events shall:

Realize that the main purpose of the competition is the play of the game and that the role of the spectator is one of support;

Show positive support to the teams and players; Show compassion for injured players, regardless of which team they are on; Refrain from angry or abusive language, including heckling, taunting or insulting players,

officials, coaches or other spectators; Refrain from negative or harmful actions; Follow all school Discipline Policy rules pertaining to conduct on school property or during

activities that are related to school events.

Disciplinary Accoutability

School athletic events are school activities that are part of the educational program. Appropriate behavior by spectators provides a positive model for scholars and contributes to the value and educational purposes of athletic activities. Conversely, negative comments and unsportsmanlike behaviors are damaging to the purposes of athletic activities. School Administration, officials, and coaches have the authority and discretion to remove any scholar-athletes or spectators who do not comply with these rules of sportsmanship. At the discretion of School Administration, any violation of this Policy by any scholar may result in disciplinary consequences consistent with the Discipline Code of Conduct.

DISRUPTIVE PERSONAL APPEARANCE

Tattoos, slogans or advertising on clothing, jewelry, buttons, and/or accessories which, by their controversial, discriminatory, profane, and/or obscene nature, disrupt the educational setting are prohibited as violating our Uniform Policy.

All displays of lewd, vulgar, profane or plainly offensive messages are banned in school for the purposes of:

1. Promoting safety by reducing potential conflict among students;2. Avoiding disruption, thereby allowing students and staff instead to focus on learning and

achievement; and 3. Fostering our Caring School Community.

Any tattoo which, in the determination of School Administration, is lewd, vulgar, profane, offensive or otherwise diametric to our Caring School Community culture, must be covered at all times.

APPLICATION OF CODE OF CONDUCT TO OFF-CAMPUS ACTIVITIES

A scholar may be subject to discipline for violation(s) of the Code of Student Conduct which occur even off school property, or in transit to/from school on the bus or other vehicle, if any of the following circumstances exist:

The conduct occurs during the time the scholar is traveling to and from school or traveling to and from school-sponsored activities, whether or not via school-furnished transportation.

The scholar is a member of an extracurricular activity and has been notified that particular off-campus conduct could result in exclusion from such activities.

Scholar expression, language, or conduct materially and substantially disrupts the operations of the school, or the administration reasonably anticipates that the expression or conduct is likely to materially and substantially disrupt the operations of the school.

The conduct has a direct nexus to attendance at school or a school-sponsored activity, for example, a transaction conducted outside of school pursuant to an agreement made in school that would violate the Code of Student Conduct if conducted in school.

The conduct involves the theft or vandalism of school property. There is otherwise a nexus between the proximity or timing of the conduct in relation to the

student's attendance at school or school-sponsored activities.

ACT 26 (PENNSYLVANIA LAW)

24 P.S. § 13-1317.2. Possession of weapons prohibited (a.k.a. “Act 26”)

(a) Except as otherwise provided in this section, a school district or area vocational-technical school shall expel, for a period of not less than one year, any student who is determined to have brought onto or is in possession of a weapon on any school property, any school-sponsored activity or any public conveyance providing transportation to a school or school-sponsored

(b) Every school district and area vocational-technical school shall develop a written policy regarding expulsions for possession of a weapon as required under this section. Expulsions shall be conducted pursuant to all applicable regulations.

(c) The superintendent of a school district or an administrative director of an area vocational-technical school may recommend modifications of such expulsion requirements for a student on a case-by-case basis. The superintendent or other chief administrative officer of a school entity shall, in the case of an exceptional student, take all steps necessary to comply with the Individuals with Disabilities Education Act (Public Law 91-230, 20 U.S.C. § 1400 et seq.).

(d) The provisions of this section shall not apply to the following:

(1) a weapon being used as part of a program approved by a school by an individual who is participating in the program; or

(2) a weapon that is unloaded and is possessed by an individual while traversing school property for the purpose of obtaining access to public or private lands used for lawful hunting, if the entry on school premises is authorized by school authorities.

(e) Nothing in this section shall be construed as limiting the authority or duty of a school or area vocational-technical school to make an alternative assignment or provide alternative educational services during the period of expulsion.

(e.1) A school district receiving a student who transfers from a public or private school during a period of expulsion for an act or offense involving a weapon may assign that student to an alternative assignment or provide alternative education services, provided that the assignment may not exceed the period of expulsion.

(f) All school districts and area vocational-technical schools shall report all incidents involving possession of a weapon prohibited by this section as follows:

(1) The school superintendent or chief administrator shall report the discovery of any weapon prohibited by this section to local law enforcement officials.

(2) The school superintendent or chief administrator shall report to the Department of Education all incidents relating to expulsions for possession of a weapon on school grounds, school-sponsored activities or public conveyances providing transportation to a school or school-sponsored activity. Reports shall include all information as required under section 1303

(g) As used in this section, the term “weapon” shall include, but not be limited to, any knife, cutting instrument, cutting tool, nunchaku, firearm, shotgun, rifle and any other tool, instrument or implement capable of inflicting serious bodily injury.

CREDIT(S) 1949, March 10, P.L. 30, No. 14, art. XIII, § 1317.2, added 1995, June 30, P.L. 220, No. 26, § 4, effective in 90 days. Amended 1997, June 25, P.L. 297, No. 30, § 6, effective July 1, 1997.

[FN1] 24 P.S. § 13-1303-A.

DEFINITIONS FOR TERMS FOUND WITHIN THE CODE OF CONDUCT

Term Definition

Act 26 Pennsylvania State Code referring to a weapons violation. Please see a copy of Act 26 (found on the previous page).

Assault (simple) An unlawful attempt or threat to do physical harm to another. Assault is one sided. The victim does not or is not able to defend themselves with enough force to prevent harm. (aggravated) Assault with a weapon.

Student Intervention ProgramThe Student Intervention Program (SIP) is designed to assist teachers with identifying behavioral, academic, or attendance concerns that pose a barrier to a scholar’s success. This process is designed to provide Tier 1. Tier 2, and Tier 3 interventions to provide academic and socio-emotional support for scholars.

Bullying To hurt or intimidate other people in a repeating and patterned manner. Bullying includes: physical or verbal aggression toward a person and/or their belongings causing social alienation and intimidation. Bullying usually includes an imbalance of power. This includes taking or playing “keep away” with another person’s belongings.

Cheating To violate rules dishonestly. The consequence may include one or more of the following: loss of grade for the academic activity, loss of grade for the semester, mandatory summer school, or suspension.

Detention Consequence that may be assigned by a Team Leader or a teacher for repeated minor incidents and/or a major incident. The Team Leader will contact parents 24 hours in advance to inform them about the detention. Parents must arrange transportation for the scholar. Scholars who do not attend detention will be subjected to disciplinary action.

Incident Report Form used by staff to record major or repeated minor behavioral incidents (see Tier 2 incidents table). When a scholar is referred to the Team Leader’s office, the teacher will be required to document the behavior on an incident report.

Dress Code Violation Any scholar who does not ARRIVE to school in the approved MSA Dress Code, and/or does not comply with the MSA dress code throughout the length of the school day will receive a logical consequence. The parent may be contacted to bring appropriate Dress Code attire or the scholar may be loaned appropriate dress code attire (if possible). If the scholar continues to dress out of code, a parent meeting will be required. Please note that this consequence will NOT apply to scholars whose parents/guardians contact the school about special circumstances regarding the reason for the dress code violation.

Certain clothing items worn in school in violation of the dress code will be confiscated. These items will be returned to a parent by a Team Leader at a later time. Memphis Street Academy does not assume responsibility for any lost, stolen, or damaged personal items that violate our dress code policy.

Expulsion Scholar is dismissed from the school permanently, unless otherwise stated, due to severe or repeated behaviors. The scholar and parent have the right to be informed of the reasons for the movement toward expulsion and to respond to these reasons prior to the suspension taking effect.

Parents and guardians of scholars who have been recommended for expulsion shall have the right to a full evidentiary hearing before the Board of Trustees of the Memphis Street Academy Charter School, at which time they may present their argument and evidence for not expelling the scholar. The expulsion hearing shall take place at the next regularly scheduled meeting of the Board of Trustees (BOT). If the next meeting of the BOT is more than three weeks from the date of the incident, the CEO shall call a special meeting of the BOT. The BOT shall take a roll call vote immediately at the close of the hearing. The decision of the BOT shall be final. The parent/guardian shall be notified of the hearing date in writing no less than ten (10) days before the date of the hearing.

Please Note: The LEA* shall decide expulsion for special education students as stated in IDEA laws and regulations, on a case by case basis.

*LEA=Local Education Agency. In Pennsylvania, charter schools are their own LEA.

Extortion To obtain something by using threat or intimidation.

Fight Taking part in a physical struggle. Both parties involved will receive consequences.

“Hitting Back” will be considered fighting. Scholars are expected to walk away from physical altercations and get help from the nearest staff member.

In-School Suspension Scholar will remain in the Team Leader’s office for the duration of their suspension. During this time the scholar will complete all classroom work, work on additional behavioral assignments given by the Team Leader and receive all homework.

In-School Suspensions are not a typical consequence. They will only be assigned in special circumstances, to be determined by the Team Leader.

Please Note: The LEA shall decide suspension for Special Education students as stated in IDEA laws and regulations, on a case by case basis.

Logical Consequence Defined (by Ruth Charney, Teaching Children to Care) as: reasonable and respectful, neither punishment nor permission. The consequence will help

scholars assume responsibility through structured learning opportunities and the opportunity to try again.

Out of Bounds To be away from the school, teacher, or classroom without direct permission. All scholars must have a pass at all times to travel through the hallways during non-transitional periods. Consequences will be assigned on an individual basis and will depend on the reason for a scholar being Out of Bounds.

COSMIC Academy

(Caring Opportunities that Support Motivation, Integrity, and Community)

The COSMIC Academy is a Tier 3 intervention to support the behavioral needs of scholars who have a history of repeated norms violations, multiple out of school suspensions, and/or committing egregious offenses that disrupt the learning environment.

Play Fighting / Rough Housing Taking part in aggressive physical play that simulates a fight. Play fighting is considered to be dangerous as scholars often become injured or the play fighting escalates into a real fight. It is important to understand that for the safety of all scholars play fighting is not allowed under any circumstances.

Reinstatement A meeting held to restore the scholar to active standing. If the reinstatement meeting is not held, the scholar may not return to school.

Saturday Detention Saturday Detention is held occasionally on assigned Saturdays from 9:00 a.m. – 12:00 p.m. Scholars must be on time and dressed in full uniform for Saturday School. This time will be used to complete a learning activity related to the scholar’s behavior or to make up instructional time that was lost because of absenteeism.

Failure to report to an assigned Saturday Detention may result in suspension. Should a scholar be unable to attend a Saturday Detention, the Team Leader must be notified to make alternate arrangements prior to the Saturday Detention assignment. It is up to the Team Leader’s discretion to determine whether or not a scholar will be rescheduled for a Saturday detention.

Self Defense Self Defense applies only to those situations where a scholar could not walk away. Self Defense is NOT reacting to being hit or kicked. “Hitting Back” is not considered self-defense. Scholars are expected to walk away and get help from the nearest staff member.

Teasing To upset or annoy by taunting or making fun of another student. Teasing is a “one time” occurrence. Teasing that occurs on more than one occasion and/or becomes a patterned behavior is considered bullying.

Under the influence Having any detectible amount of alcohol or a controlled substance in your system and/or showing physical manifestations of being under the influence.

Impairment Demonstrating physical signs of concerning behavior including but not limited to slurred speech, loss of balance, irritated eyes, a suspicious odor, or lethargy.

Out-of-School Suspension Scholar will remain in the Team Leader’s office on the day of the incident until the parent or guardian is able to pick them up. MSA expects that the parent or guardian will arrive to the school within one and a half hours of the original phone call. The day of pick up does NOT count as a day of suspension. The scholar is responsible for completing all in class and all homework for the day(s) missed due to suspension. The scholar may also be responsible for completing any assignments given by the Team Leader. ALL PARENTS OR GUARDIANS ARE REQUIRED TO ATTEND A REINSTATEMENT MEETING AS SCHEDULED, WITHOUT WHICH THE SCHOLAR WILL NOT BE ALLOWED TO REENTER THE CLASSROOM. The scholar must arrive to school with the legal guardian and will NOT be allowed into the classroom until the reinstatement meeting is finished. The scholar and parent have the right to be informed of the reasons for the suspension and to respond to them prior to the suspension taking effect. The parent has the right to immediate written notice of the suspension and when it exceeds three (3) school days, the school must offer to hold an informal hearing within the first five (5) school days. Please note: The LEA shall decide suspension for Special Education students as stated in IDEA laws and regulations, on a case by case basis.

RECORDING AND REPORTING OF BEHAVIORS

Memphis Street Academy Charter School records behavioral incidents and the resulting outcomes. These records are then kept in a locked filing cabinet. At any time, a parent or guardian may request their scholar’s behavioral record. The request must be written and may be addressed to the Team Leader. The request will take between 24 and 48 hours to process. The parent or guardian must then come to the school to pick-up the records, as records will not be mailed or delivered via scholar backpacks. The parent/guardian does have the right to appeal any information in the student behavioral record. To appeal the factual information (this is different from “not agreeing” with the decision), please write a letter addressed to: The Disciplinary Committee of the Board of Trustees. Mail or deliver the letter to your Team Leader. This letter will then be forwarded to the MSA Board of Trustees. Parents will be contacted by the committee within 48 hours regarding their appeal. All records will be redacted to protect the privacy of other scholars involved.