August 2024

Dear Parents and Families,

On behalf of Fairfax County Public Schools (FCPS), I welcome you and your children to the 2024-25 school year. I am confident this year will be filled with affirming and validating opportunities that continue to yield exceptional learning, growth, and achievement for every student. The wellness and academic future of our community's young people is essential. In FCPS, we take this responsibility very seriously. We encourage strong working relationships with our families to best serve our students in every facet of their lives.

The 2024-25 Student Rights and Responsibilities: A Guide for Families explains expectations for student behavior and adult responses to enhance school safety and create a fair, equitable, and supportive school environment. We know that students learn best when expectations for behavior are clear, consistent, fair, and developmentally appropriate; build on strong relationships between teachers and students; and engage families at every opportunity. In FCPS, we understand that discipline policies and practices must provide opportunities for students to reflect, problem-solve, and build positive relationships. Therefore, through such interventions as the restorative justice process, our disciplinary response aims to give both students and adults an opportunity to make responsible decisions and interact respectfully in the classroom and throughout the school. Disciplinary practices in FCPS focus on preventing problem behaviors and provide a leveled system of responses that uses instructional, restorative, and age-appropriate interventions before removing students from class or from school.

As we begin a new school year, please be assured that our school division maintains a commitment to providing a caring and inclusive climate and culture where all students are welcomed, respected, valued, and supported. It is our goal that every child is fully engaged, academically challenged, and prepared for success in school and beyond. Partnering with FCPS families is our imperative, and we ask that you use this document as a guide for discussing these expectations with your child so that they are well prepared for success when the 2024-25 school year begins. You will also find that this publication includes information that you may need throughout the school year, including contact numbers and other resources.

The current version of the Student Rights and Responsibilities (SR&R) can be found in the appendix to this booklet and is also available at SR&R. It will be updated during the year online, if necessary.

• Please log in to your SIS ParentVUE account to acknowledge receipt of https://www.fcps.edu/about-fcps/policies-regulations-and-notices/student-rights-and-responsibilities/video-and-resourcesthis document, as required by law.
• Please review and sign by September 30, 2024.

I am grateful for your support and look forward to collaborating with you this year. Please contact your child's teacher or principal should you have questions about this document or if we can be of assistance to you.

Sincerely,
Michelle C. Reid, Ed.D.
Superintendent of Schools

FCPS Offices

• Equity and Student Conduct, 571-423-1190
• Student Safety and Wellness, 571-423-4270
• School Counseling Services, 571-423-4420
• School Psychology Services, 571-423-4265
• School Social Work Services, 571-423-4300
• Nontraditional School Programs, 571-423-4202
• Intervention and Prevention Services, 571-423-4020
• Family Resource Center, 703-204-3941
• Superintendent, 571-423-1010
• Hearings Office, 571-423-1280
• Office of the Ombuds, 571-423-4014
• School Safety and Security, 571-423-2000

Region Assistant Superintendents

• Region 1, 571-423-1110
• Region 2,571-423-1120
• Region 3, 571-423-1130
• Region 4, 571-423-1140
• Region 5, 571-423-1150
• Region 6, 571-423-1160

Emergency Numbers (Available 24/7)

• Merrifield/CSB Emergency Mental Health, 703-573-5679
• PRS/Crisis Link, 703-527-4077,1-800-273-TALK (8255)
• Crisis Text, Text NEEDHELP to 85511
• Additional details about FCPS emergency procedures are available at FCPS Emergency Planning and Crisis Response.

We have created the Student Rights & Responsibilities: A Guide for Families to assist you in your efforts to help your child understand school rules and expectations. These rules apply during school, in both the classroom and the virtual environment, at school-sponsored activities, and include interactions between students as they travel to and from school. Students will receive a shortened version of this guide that is appropriate for their age, and teachers will review the rules with them during the first weeks of school. We encourage you to discuss these expectations with your child. For your convenience, the entire booklet, including links to referenced regulations, can be found online at www.fcps.edu/srr.

A complete copy of the regulation regarding student discipline is included in the Appendix. If you have questions about any of the information, please do not hesitate to talk with your child’s teacher or principal.

Your child’s behavior at school directly impacts academic success and school safety. Please read this guide and discuss it with your child.

Parents/Guardians are essential partners in helping their children learn how to exhibit positive and prosocial behaviors, make ethical choices, and be accountable for their actions.

This family guide is a supplementary tool intended to summarize policies, regulations, and procedures as they existed at the time of publication, and which are subject to change without notice. The Virginia Board of Education and Fairfax County Public Schools (FCPS) reserve the right to enforce changes immediately. In any dispute, the official regulation in effect at the time of an incident will govern and will supersede the language in this guide.

The current regulations and policies can be found at https://www.fcps.edu/policies-and-regulations.
Printed copies are available to those who do not have online access.

The Mission
The Fairfax County Public Schools system inspires and empowers students to meet high academic standards, lead healthy, ethical lives, and be responsible and innovative global citizens.

• Strategic Plan Goal 1: Strong Start: PRE-K-12
• Strategic Plan Goal 2: Safe, Supported, Included, and Empowered
• Strategic Plan Goal 3: Academic Growth and Excellence
• Strategic Plan Goal 4: Equitable Access and Opportunity
• Strategic Plan Goal 5: Leading for Tomorrow’s Innovation

The Fairfax County School Board is committed to ensuring that every school in the Fairfax County Public Schools system (FCPS) promotes a responsive, caring, and inclusive culture where all feel valued, supported, and hopeful, and where every child is reached, challenged, and prepared for success in school and in life. Collaboration with parents/guardians is essential to reaching this vision. 

Disciplinary practices in FCPS focus on prevention of problem behaviors and provide a leveled system of responses to behavior and discipline incidents that uses instructional, restorative, and age-appropriate responses. FCPS considers the unique needs of each child and works collaboratively with families to support these needs. No student in FCPS shall, on the basis of age, race, color, sex, sexual orientation, gender identity, religion, national origin, marital status, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity.

Fairfax County Public Schools uses a Multi-Tiered System of Support (MTSS) to support the individual needs of each student using a whole-child approach. MTSS is a framework through which teams make decisions based on data to provide differentiated classroom instruction and the necessary academic, behavior, and social-emotional wellness supports for all students across all schools.

The Constitution and the laws of the United States and the Commonwealth of Virginia give students many legal rights and liberties. School Board policies and regulations provide students many privileges as well, according to their ages and maturity levels. Students may exercise these rights and privileges as long as they do not interfere with the rights of others or the schools’ ability to provide a safe learning environment.

FCPS students have…

• The right to learn.
• The right to feel safe while at school and on school property.
• The right to privacy and to receive reasonable, non-stigmatizing accommodations regardless of underlying reasons.
• The right to feel respected and to be treated with respect at school, in the classroom, on the school bus, and at school-sponsored events.
• The right to use school facilities and equipment as long as it is done with care and respect.
• The right to receive support to ensure the safe and equitable access to all school division facilities and activities, in accordance with Regulation 2603.
• The right to equitable access to the learning environment, educational materials, and extracurricular activities.
• The right to a school and classroom environment that affirms the identity of all students and is responsive, caring, and inclusive.
• The right to have their personally identifiable information and citizenship or immigration status protected from unauthorized sharing.

Students contribute to a quality learning experience by coming to class every day with a positive attitude, personal integrity, and a commitment to making good choices.

FCPS expects students to balance expression of their rights with observance of their responsibilities. Even the youngest children can demonstrate accountability by treating others fairly and following the rules.

In FCPS, students have the responsibility to…

• Attend school regularly, on time, and follow assigned schedules.
• Follow rules, procedures, and processes.
• Dress appropriately for a K-12 educational environment.
• Respect the authority of staff members.
• Respect the rights and property of others.
• Respect others’ beliefs and differences.
• Refrain from using words, images, or gestures that are obscene, violent, disruptive, or disrespectful.
• Resolve disputes peacefully.
• Refrain from bullying or hurting other students.
• Tell school staff members about any behavior that may cause danger to anyone.
• Request access to social, emotional, and behavioral supports when needed.

The Rules of Student Conduct apply to students at all times when…

• In school buildings.
• On school grounds.
• In virtual classroom environments
• On buses and other school vehicles.
• At bus stops.
• On the way to or returning from school.
• At school and school-related activities both on and off school property.
• Off school property and outside school hours if the conduct is detrimental to the school, adversely affects school discipline, or results in a criminal charge or conviction.

School attendance is a critical component in a child’s academic success.

Did you know?

• Chronic absenteeism (missing 18 or more school days per year) is a primary cause of lower academic achievement even when the absences are "excused" or understandable.
• Regular school attendance in elementary school improves the chances that a child will read on grade level.
• Students who attend 90 percent or more of the school year are more likely to graduate from high school on time.
• Absences can be a sign that a student is losing interest in school, struggling with schoolwork, dealing with peer conflicts, or facing some other potentially serious difficulty.

In accordance with the Code of Virginia, Section 22.1-254, at the 5^th unexcused absence, the school will contact the parents/guardians to develop an attendance plan. If a student accumulates 10 (ten) or more unexcused full day absences, an attendance conference will be scheduled, and the attendance officer or specialist will be notified.

Help is Available:
Parents/guardians are encouraged to contact their child’s school if they are concerned that their child is not regularly attending school. We want parents/guardians to know that we will work with them if attendance issues begin to accumulate.

For additional information on school attendance, please visit www.fcps.edu/attendance.

The National Center on Addiction and Substance Abuse defines vaping as, “the act of inhaling and exhaling vapor, which is produced by an e-cigarette or similar device.” Though it may look like water vapor, it may actually contain many harmful toxic chemicals, such as nicotine, which have been linked to cancer, as well as respiratory and heart diseases.

“E-cigarettes” refer to any electronic vaporizer and are also known by many other names, such as e-cigs, vaporize, e-hookahs, mods, Juul pens, or vape pens.

The Juul “pen”, which looks like a flash drive, has become very popular with teens. A Juul “pod” contains the nicotine of 20 cigarettes, and rates of addiction to vaping are very high.

Please let your child know that vaping is not safe, and that you do not want them to start.

Vapor products are not allowed on school grounds or at school sponsored activities. Students who are found to possess, use, or distribute vapor products will be subject to discipline as outlined in Regulation 2601.38.

For additional information and resources, please visit https://www.centeronaddiction.org/ or www.cdc.gov, or search for “vaping” or “juuling” on www.fcps.edu.

Social media provides an easy and fun way for students to connect with friends, share favorite content, and be heard; however, sometimes, children (and adults) make poor choices on social media, and the impact can be long lasting. The following “Do’s and Don’ts” can help ensure students are bringing their best selves to all their social platforms:

Do

• Respect yourself and be yourself.
• Use privacy settings, strong passwords, and turn off location services unless needed.
• Pay attention to red flag feelings. If something makes you feel uneasy or uncomfortable, stop and consult with a trusted adult.
• Block unfriendly connections and treat people the way you would want to be treated; consider different perspectives.
• Slow down and reflect before posting. Posts are permanent and shareable.
• Consider the consequences; imagine what could happen before you decide to post.
• Immediately tell your parents/guardians, teacher, or principal if you see cyberbullying, know of a student in crisis, or if someone threatens to harm themselves or others.

Don’t

• Don’t post obscene, harassing, discriminatory, violent, vulgar, or hateful content.
• Don’t add people you don’t know to your social media accounts.
• Don’t overshare.
• Don’t say anything online that you wouldn’t say in person.
• Don’t get caught up in other people’s drama. You don’t have to take part in a conversation that makes you uncomfortable.
• Don’t feed trolls. If someone is being mean or disrespectful to you, let it go or block them.

Visit http://bit.ly/FCPSdigcitpublic for more resources for families.

Administrators and/or other FCPS staff members may be notified if it appears that a student may be in crisis.

If you or someone you know is in crisis, please text NEEDHELP to 85511, call 1-800-273-TALK, or dial 911.

The definition of bullying according to the Virginia Department of Education is:

Any aggressive and unwanted behavior that is intended to harm, intimidate, or humiliate the victim; involves a real or perceived power imbalance between the aggressor or aggressors and victim; and is repeated over time, or causes severe emotional trauma.

“Bullying” includes cyberbullying.

• Cyberbullying refers to any threats by one student toward another typically through e-mails or on websites (e.g., blogs, social networking sites). Electronic communication that supports deliberate, hostile, hurtful messages intended to harm others is a form of bullying.

“Bullying” does not include ordinary teasing, horseplay, argument, or peer conflict.

Some key elements of bullying are:

• Intentionally aggressive behavior designed to inflict harm.
• Repetitive behavior planned into the future.
• An interpersonal relationship marked by an imbalance of power.

To learn more on how FCPS addresses bullying, contact 571-423-4270.

FCPS Commitment
FCPS is committed to responding to all complaints of discrimination in a manner that stops the discrimination, prevents it from happening again, and helps support the person who was discriminated against to make sure that any harm done by the discrimination is addressed. All students have a right to attend school and not fear the interruption of their education by others who behave in a discriminatory manner.

Discrimination
Discrimination is treating someone unequally based on a certain characteristic in a way that interferes with a person’s education and/or academic performance. Discrimination based on a person’s race, color, religion, age, marital status, genetic information, national origin, mental or physical disability, or protected veteran status is strictly prohibited.

Discriminatory Harassment
Discriminatory harassment is unwanted conduct toward an individual based on their actual or perceived age, race, color, sex, gender identity, sexual orientation, religion, national origin, marital status, disability, or any other legally protected class. The conduct must be sufficiently severe such that it creates a hostile educational environment, meaning it denies or limits a student’s ability to participate in or benefit from education programs and activities. Discriminatory harassment may be expressed in various ways, including through physical actions or through verbal, nonverbal, electronic, or written communications. Discriminatory harassment may include conduct such as epithets, various slurs such as racial, deadnaming, and misgendering, negative stereotyping, jokes, written, printed, or graphic material that contains offensive, demeaning, or degrading images or comments.

Sex Discrimination

FCPS Regulation 2118 governs the procedures for reports of sex discrimination by students.

FCPS Regulation 4950 governs the procedures for reports of sex discrimination by employees.

Sex discrimination includes hostile environment harassment, rape, sodomy, dating violence, stalking, fondling, statutory rape, and/or incest. To file a complaint of sex discrimination, click on this link: Report Sex Discrimination.

Sexual Misconduct
Sexual misconduct includes unwelcome sexual advances, regardless of sexual orientation; requests for sexual favors; and other inappropriate verbal, electronic, or physical conduct of a sexual nature.

Retaliation
Retaliation against individuals who report or participate as witnesses in the investigation of a discrimination, harassment, and/or sexual misconduct complaint is strictly prohibited. Retaliation means any adverse action taken against a person for making a report of discrimination, harassment, and/or sexual misconduct; or participating in any activity related to the complaint. Retaliation includes threatening, intimidating, harassing, coercing, or any other conduct that would discourage someone from reporting or participating in a discriminatory harassment or sexual misconduct investigation.

Discrimination and Harassment Reporting Process
A Discrimination and Harassment Reporting system is available to allow you and your family to report incidents in which you feel you have experienced bias and/or discrimination. The tool is housed within the Let’s Talk Platform and can be accessed by (a) launching the application from Student desktops; or (b) by clicking on this link on the FCPS website (www.fcps.edu/submit-discrimination-and-harassment-report).

For more information about the FCPS Title IX response and the FCPS discrimination and sexual harassment regulations, contact the Title IX Coordinator at [email protected].

Title IX webpage: https://www.fcps.edu/title-ix

Scholastic Dishonesty
Honorable school citizens take credit only for work that is their own. Deliberately copying or using the work of others is considered cheating, plagiarism, or forgery. Scholastic dishonesty or academic dishonesty includes, but is not limited to, cheating, plagiarism, collusion, falsifying academic records, and any act designed to give unfair advantage to the student through any means including the use of generative artificial intelligence (GenAI).

Visitors
Our schools welcome parents/guardians and other visitors who want to know more about our programs, meet staff members, and tour the facilities. All visitors must register at the school office upon arrival and may be required to wear an identification badge. Meetings and classroom visits should be arranged in advance. People who enter school buildings without reporting to the office or who disturb or interfere with school activities will be prohibited from remaining on school property and may be reported as trespassers.

Weapons
Students are not permitted to possess any gun, knife, explosive device, ammunition, object that is capable of discharging a projectile (pneumatic guns), or other weapon on school property. This includes starter guns, paintball guns, pellet guns, blades, brass knuckles, mace, and similar devices, as well as objects that look like weapons. Consequences are strict and aligned with the Federal Gun-Free Schools Act.

More intensive strategies may be needed for a student to calm and self-regulate or to fix what has been broken or interrupted. In these cases, a logical consequence, one that fits the situation, may be applied such as making an amends, loss of a privilege, or positive time out/take-a-break. Lastly, if a student needs time away from the setting to calm and re-establish self-control, taking a brief time out in class or in another classroom with a Buddy Teacher is appropriate.

If after trying three strategies, the problem behavior does not decrease in intensity and/or frequency, the staff member may ask for an administrator's support by completing an Office Discipline Referral (ODR). It is always best practice for the staff member to conference with a student to truly understand and hear their perspective, insert their voice, and restore the relationship. These conversations are likely to determine solutions and identify possible academic, behavioral, social, and emotional skills that require support. The Behavior Flowchart suggests preferred ways in which the staff responds to student behaviors.

• The principal will give parents/guardians information to help them understand the nature of the offense and the discipline process.
• Students and parents/guardians who disagree with staff decisions may present complaints to teachers, counselors, school administrators, and the region assistant superintendent.
• Parents/guardians may appeal all disciplinary decisions that would cause the student to be kept out of school.

Police Involvement:

• FCPS and local law enforcement agencies have a signed agreement that outlines the role and responsibilities of SROs in the schools. This agreement can be found at https://www.fcps.edu/node/36886.
• For some serious, dangerous situations, the law requires that the principal immediately notify the police.
• An SRO may be called by an administrator to provide security, protection, or handling of contraband.
• If the principal is not required by law to immediately notify the police, but believes a law may have been broken, they will attempt to notify parents/guardians before calling the SRO or the police.
• Unless there is an immediate risk of danger, the SRO shall take immediate steps to contact parent/guardian before any questioning of a student.

Full information about each of the procedures listed above is found in Regulation 2601.38P, located in the Appendix of this booklet.

Suspension from School
A principal may remove a student from school for up to ten days (short-term suspension) or recommend to the DivisionSuperintendent that the student be removed for more than ten days (long-term suspension), when a student violates school rules. During suspension from school, the student may not participate in teams, clubs, and other school- sponsored activities, and may also be required to attend an intervention seminar. The student will be assigned work to be completed. The parent/guardian will be asked to come to school and get the assignments, or to make arrangements for another student to pick up the work. Completed assignments should be returned to school for grading. A staff member may call to see how the student is doing.

A student whose presence poses a continuing danger or disruption may be removed from school immediately. The student and parent/guardian will receive notice and have an opportunity to respond as soon as possible.

Referral to the Division Superintendent
When a student commits a serious violation, the principal may submit a referral to the Division Superintendent to determine whether the student will remain at their school, be long-term suspended, reassigned to a different school or program, or recommended to the School Board for expulsion. When a referral to the Division Superintendent is made, the parents/guardians and student have a right to participate in a hearing before the Division Superintendent’s hearing officers, who will determine the disciplinary outcome.

When a student is suspended from school pending their hearing, the student is assigned a teacher who will act as a case manager to help the student stay on track with assignments. Other direct support may also be provided.

Reassignment
A student who commits serious and/or repeated school-related offenses, or who is charged with certain serious crimes related to an alleged community-based incident may be reassigned to a different school or program, including to an alternative educational setting. Before a student can be reassigned, the parents/guardians and student have a right to participate in a hearing before the Division Superintendent’s hearing officers, who will determine the disciplinary outcome. Parents/guardians may appeal the hearing officer’s reassignment decision to the School Board, which will review the appeal on the written record. When FCPS reassigns a student with an IEP for disciplinary reasons, in which the reassignment would result in a change of placement, the IEP team will convene to discuss the student’s IEP or implementation of the student’s IEP at the new location.

Because the least restrictive environment (LRE) of a student with a disability is not to be predetermined, it is the duty of the IEP team to discuss, propose, and decide upon the LRE, consistent with the disciplinary decision. Accordingly, the IEP team will consider the views of all members of the meeting.

Alternative Education Programs
A student may be referred to a nontraditional FCPS program that provides intensive supports to students with behavioral and academic difficulties, or a history of absenteeism. These programs help students set their own goals and provide a range of academic supports, counseling, behavior management, and related services. The student and parents/guardians will have the opportunity to tour the programs and talk with staff members about the alternative learning choices available. If the student has significant mental health or substance abuse problems, the principal may also give parents/guardians information about appropriate programs offered in the community where school services are also available. A teacher, the counselor, or principal may recommend that the parent/guardian consider an alternative program and will help make the referral for voluntary placement, if agreed upon.

Expulsion
Students who bring certain weapons or illegal drugs to school must be expelled under Virginia law unless special circumstances are found. Principals may also refer students to the Division Superintendent for other serious violations. Before a student can be expelled, the parents/guardians and student have a right to participate in a hearing before the Division Superintendent and the School Board, where it is determined whether there are special circumstances and whether a different consequence might be more appropriate. If expelled, a student is not permitted to attend any school in FCPS for 365 calendar days, unless the School Board permits the student to attend an alternative educational setting during the expulsion. Expelled students may petition for readmission after one year.

Additional Consequences
A student who has been suspended or referred to the Division Superintendent may have ongoing consequences when the student returns to school. Probationary conditions, community service, drug testing, and restitution are among the measures designed to provide an opportunity for the student to demonstrate that they are taking positive steps as a returning member of the school community.

Any concerns about the actions or decisions of a teacher or other school personnel should first be discussed with the school principal.

Procedures for how parents/guardians can address concerns when they are not satisfied with the principal’s response vary with the type of concern:

• Discipline: Please refer to Appendix D of this booklet (Regulation 2601) for information on how to appeal a decision to suspend, or for information on how to petition the School Board to alter a decision to reassign a student to an alternative program. For additional information on this topic, please see Policy 2611.
• Concerns regarding actions of teachers or other school personnel, student records, or decisions regarding right of expression, and right to display or distribute literature should be directed to the appropriate region assistant superintendent. Phone numbers can be found on page 6 of this guide.
• Concerns about procedures, programs, or services for students with disabilities should be directed to the coordinator of the Office of Due Process and Eligibility at 571-423-4470.
• Concerns about access to facilities and compliance with the Americans with Disabilities Act can be addressed to Design and Construction Services at 571-423-2280.
• The Office of the Ombuds is available to talk with parents/guardians and students as a confidential, informal, independent, and impartial resource. If you need additional help navigating the school system, contact the Office of the Ombuds at 571-423-4014, [email protected], or TEXT: 571-496-8284.
• Title IX and discrimination complaints: Please contact the Title IX coordinator at [email protected].

Contact

Title IX Coordinator, FCPS
E-mail: [email protected]
Website: https://www.fcps.edu/titleix

School officials understand that some students who have an individualized education program (IEP) and
receive special education support can sometimes face special challenges understanding and observing
rules of acceptable behavior. If you see your child is struggling with behavior in school, or you are
getting reports of problems from the teacher, ask for a parent/guardian-teacher conference and talk
about what resources might be available to address your concerns. Also, consider:

•  Meeting with the school counselor, school psychologist, or school social worker,
• Meeting with the school team that monitors student behavior and success,
• Contacting the FCPS Family Resource Center for books, videos, and presentations that might be
  helpful; and,
• Contacting the FCPS Office of Intervention and Prevention Services.

When the behavior is interfering with your child’s learning or that of others, or your child has been suspended repeatedly, you or the teacher may ask to schedule an IEP meeting. A school psychologist or behavior intervention teacher may also be asked to participate. The IEP team will discuss the behavior and, working with you, may decide:

• To add goals and services specifically to address the behavior, or
• To do a special evaluation called a Functional Behavior Assessment (FBA) and develop a Behavior Intervention Plan (BIP).
  • FBA: Observations are used to determine when the behavior happens, what else is going on in the room or with other children or adults when it happens, and what seems to increase the chance that it will happen again.
  • BIP: Using this information, the team develops the plan to reduce the problem behavior and replace it with a positive behavior.

Students with disabilities may be disciplined in the same ways as students without disabilities in most situations; however, some special considerations do apply.

• Any accommodations that might be needed for the student to write a statement will be provided if the student wishes to write down what happened.
• When a disciplinary incident involving a student with an intellectual or developmental disability may result in a suspension of any kind, school staff shall not request a statement from the student until a parent/guardian has been provided notice.
• Before deciding to suspend a student or make a referral to the Division Superintendent, the principal shall consult with the student's case manager or another member of the IEP team, review the student's IEP, including any BIP, and take into consideration any special circumstances.

A student with a disability may be suspended for up to 10 days in a school year under the same rules that apply to all students.

If a student who receives special education services is suspended for 10 or more days in a school year, FCPS must provide services that enable the student to continue to work in the general education curriculum and progress toward meeting their IEP goals. This may be done through home-based services, or another arrangement agreed to by the IEP team. In addition, a manifestation determination review (MDR) must be held as soon as possible, but no later than the 10th day of suspension.

In the event a student with an IEP is referred to the Division Superintendent, the findings of the MDR are sent to the Division Superintendent for consideration before the hearing is held. The MDR team includes the parent/guardian and other relevant members of the IEP team, as determined by the parent/guardian and the school. The team meets to review the behavior, information about the student’s disability, current IEP, any recent assessments, observations, and other information shared by parents/guardians or the school. The team must determine the answers to two questions:

• Whether the conduct was caused by, or had a direct and substantial relationship to, the student’s disability, or
• Whether the conduct was a direct result of the failure to implement the IEP.

If the MDR team answers “yes” to either of the two questions above, the finding is a “manifestation”. If the answer to both questions is “no” then the finding is “not a manifestation”. The findings are sent to the Division Superintendent. If the MDR team determines that the behavior was a manifestation and did not involve serious harm to a victim or create a threat of serious harm to a future victim, the principal will withdraw the referral to the Division Superintendent and there will be no hearing. If there is a victim or potential victim, a hearing will be held so that suitable safety measures and protective measures may be considered.

• Manifestation: If the MDR team finds that the behavior was caused by, or had a direct relationship to, the disability or that the conduct was a result of a failure to implement the IEP, then the student will be returned to the same school they had been attending, or may be placed in another school where the same services are available unless:
  • The parents/guardians and school officials agree to a change in placement. In rare circumstances, and only in cases involving drugs, weapons, or serious bodily injury, the Division Superintendent may assign the student to an interim alternative setting for 45 days without the consent of the parent/guardian, pending the outcome of the disciplinary process, in accordance with 8VAC20- 81-160 C.5.

  • The school division institutes an expedited special education due process proceeding to change the student’s placement.

    The student's IEP team must conduct an FBA as soon as possible, if one has not already been conducted, or update the existing FBA. Based on the information in the FBA, the IEP team will develop or update a BIP.

• Not a Manifestation: If the MDR team determines the misconduct is not a manifestation of the student’s disability, school officials may consider further discipline in the same manner and for the same duration as for non-disabled students; however, special education services must be provided during the period of suspension and/or expulsion to enable the student to continue participating in the general education curriculum and progress toward meeting the IEP goals.

Parents/guardians who disagree with a change in special education placement or the MDR team’s conclusions may request a local administrative review within FCPS. The parents/guardians may also request an expedited due process hearing through the Virginia Department of Education according to the VDOE Special EducationProcedural Safeguards Requirements.

• If the student has been suspended repeatedly for similar violations demonstrating a pattern of behavior, the principal shall convene the knowledgeable committee to review the 504 Plan to determine whether additional accommodations or other supports are needed to address the student’s behavior and, where necessary, conduct a Functional Behavior Assessment or develop a behavior plan.
• The student shall not be entitled to receive continuing educational services during any period of suspension or expulsion.
• The knowledgeable committee's determination shall be forwarded to the Division Superintendent who reviews this information in consideration of further disciplinary action.

For full information about the procedures listed above, please refer to Regulation 2601.38P, located in the Appendix.

Ableism Discrimination in favor of an able-bodied person.

Abstain To choose not to do or have something, especially something you like or enjoy, because it is bad for your health or morally wrong.

Administrative Review An FCPS informal, voluntary process to resolve special education and Section 504 disputes, convened at the request of the parent/guardian or the school principal.

Aggravating Circumstances Special circumstances that allow FCPS to suspend for longer periods of time than are provided in guidelines. These include serious harm, credible threat of serious harm or the safety of students or staff, or persistent serious behavior that continues even after targeted interventions.

Alcohol and Other Drug (AOD) Intervention Seminar An intervention seminar that provides up-to-date facts about the potential impact of drug and alcohol use, as well as open discussions about the choices that lead to drug use, the impact these choices can have on the student, friends, and other members of the family, and strategies for responding to peer pressure.

Assault An act, criminal or tortious, that threatens physical harm to a person, whether or not actual harm is done.

Bona Fide Genuine. Real. In good faith.

Bullying Any aggressive and unwanted behavior that is intended to harm, intimidate, or humiliate the victim (examples of a power imbalance include but are not limited to, greater physical strength or size, access to embarrassing information, or greater popularity or social connectedness), and is repeated over time (i.e., behaviors happen more than once or have the potential to happen more than once) or causes severe emotional trauma. “Bullying” includes cyberbullying. “Bullying” does not include ordinary teasing, horseplay, argument, or peer conflict.

Change of Placement Change of placement means when the local educational agency places the child in a setting that is distinguishable from the educational environment to which the child was previously assigned.

Controlled Substances Drugs or substances found in the Drug Control Act (Section 54.1-3400 of the Code of Virginia), including all prescription drugs, regardless of whether the drug is considered to be a controlled substance under federal law. For student disciplinary purposes, controlled substances include, but are not limited to, cocaine, hallucinogens such as MDMA (ecstasy), and the actual and any generic formulations of: Adderall, Codeine, Oxycontin, Percocet, Ritalin, Valium, Vicodin, Zoloft, and any other prescription drugs for pain, depression, hyperactivity, or attention deficit disorders.

Cyberbullying Any threats by one student toward another through electronic means, typically through e-mail or on websites (e.g., blogs, social networking sites). Electronic communication that supports deliberate, hostile, hurtful messages, intended to harm others is a form of bullying. Cyberbullying includes such things as sending mean, vulgar, or threatening messages or images; posting sensitive, private information about another person without consent; pretending to be someone else in order to make that person look bad; and defamatory online personal polling websites.

Day Means a school day unless the context requires otherwise.

Deadnaming When someone, intentionally or not, refers to a person who is transgender or gender-expansive by a name other than their own chosen name.

Digital Citizenship Understanding how to use technology safely and respectfully while contributing positively to online communities. It involves respecting the rights of others, being mindful of the content shared online, and being critical of information encountered on the internet.

Discrimination Denying a person the benefit of any education program activity on the basis of race, sex, color, age, religion, sexual orientation, gender identity, national origin, genetic information, pregnancy status, childbirth or related medical condition, marital status, veteran status, and disability violation of applicable law.

Discriminatory Harassment Discriminatory harassment is unwanted conduct toward an individual based on their actual or perceived age, race, color, sex, gender identity, religion, national origin, marital status, disability, or any other legally protected class. The conduct must be sufficiently severe such that it creates a hostile educational environment, meaning it denies or limits a student’s ability to participate in or benefit from education programs and activities.

Discriminatory harassment may be expressed in various ways, including through physical actions or through verbal, nonverbal, electronic, or written communications.

Discriminatory harassment may include conduct such as epithets, various slurs such as racial, deadnaming, and misgendering, negative stereotyping, jokes, written, printed, or graphic material that contains offensive, demeaning, or degrading images or comments.

Disruption Disruption of the educational process means the interruption of classwork, the creation of disorder, or the invasion of the rights of a student group or group of students.

Distracting Any behavior that results in unwanted noise, conversation, or acts.

Distributing or Distribution Includes, without limitation, giving, sharing, or selling, or intending or attempting to do so, as well as facilitating any of the above.

Division Superintendent The Division Superintendent or designee (that is, region assistant superintendent, hearing officer, assistant superintendent, or any other administrative staff member authorized to act in that capacity).

Drug Paraphernalia All equipment, products, and materials of any kind that are either designed for use or that are intended by the person charged for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, strength testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. (Code of Virginia, Section 18.2- 265.1)

Exigent Requiring immediate attention or action.

Expulsion Any disciplinary action imposed by the School Board or a committee thereof, as provided in school policy, whereby a student is not permitted to attend school within the school division and is ineligible for readmission for 365 calendar days after the date of the expulsion.

Faith-Based Discrimination Treating individuals differently because of their religious beliefs and practices, and/or their request for accommodations of their religious beliefs and practices. It also includes treating individuals differently because of their lack of religious beliefs or practices.

Frequency The rate at which something occurs or is repeated over a particular period of time, or in a given sample.

Functional Behavioral Assessment (FBA) Conducted by a team in order to develop a hypothesis about the function of the problem behavior when a student behaves in a way that significantly interferes with the student’s learning and/or the learning of others. This leads to the development of a Behavioral Intervention Plan (BIP).

Gang A group of two or more persons, whether formal or informal, and however identified, which individually or collectively engage in activities that are illegal, destructive, disruptive, or intimidating. Such does include, but is not limited to, a criminal street gang. The group may, but need not necessarily, have an identifiable name, sign, symbol, or colors.

Generative Artificial Intelligence A technology that can create new content such as text, images, or other media from a predetermined set of data sources.

Hate Speech Any form of expression intended to humiliate or incite hatred against a group or class of persons based upon their actual or perceived race, ethnicity, color, national origin, citizenship/immigration status, weight, gender, gender identity, gender expression, sexual orientation, or disability.

Hazing Recklessly or intentionally endangering the health or safety of a student or inflicting bodily injury on a student in connection with, or for the purpose of, initiation, admission into, or affiliation with or as a condition for continued membership in a club, organization, association, fraternity, sorority, or student body regardless of whether the student so endangered or injured participated voluntarily in the relevant activity. The Code of Virginia prohibits hazing and imposes criminal penalties. (Code of Virginia Section 18.2- 56)

Hearings Office The Hearings Office conducts discipline hearings and determines outcomes on behalf of the Division Superintendent; makes discipline recommendations to the School Board and represents the Division Superintendent at School Board hearings; maintains records and statistics related to expulsion, exclusion, and reassignment recommendations and outcomes; decides suspension appeals; provides resource assistance and training to school-based and central office administrators; and conducts employee grievance hearings on behalf of the Division Superintendent.

Imitation Controlled Substance A drug or substance in which the substance or container bears the name, markings, or likeness to, or is represented to be, a controlled substance including a prescription drug.

Imitation Marijuana A substance that bears a likeness to or is represented to be marijuana.

Individualized Education Program (IEP) A written plan for every student receiving special education services that contains information such as the student’s special learning needs and the specific special education services required by the student.

Inhalant Any substance that gives off vapors or fumes and that is inhaled for a high.

Sexual Misconduct Misconduct that includes unwelcome sexual advances, regardless of sexual orientation; requests for sexual favors; and other inappropriate verbal, electronic, or physical conduct of a sexual nature but that is not within the scope of “sex discrimination” as defined by Regulation 2118.

Short-Term Suspension Disciplinary action that denies school attendance for a period not to exceed ten days (Up to 3 school days for grades K-3 unless specified misconduct has occurred. Up to 5 school days for grades 4-12, unless accompanied by a referral to the Division Superintendent).

Slander The utterance of false charges or misrepresentation in the presence of another person which defame and damage another’s reputation.

Slanderous To utter slander against.

Stalking Engaging in a course of conduct directed at a specific person that would cause a reasonable person to

1. fear for their safety or the safety of others; or
2. suffer substantial emotional distress.

Statutory Fixed by law.

Stigmatization The act of being stigmatized.

Student Activities These include extracurricular activities, co-curricular requirements, and athletics. Students participating in athletics, performing arts, clubs, competitions, practices, and any other activity that provides opportunities for participation outside of normal school hours, in addition to any student who is a spectator or audience members at a school sponsored activity are included in this definition.

Substantial Disruption Includes an incident that generates a considerable negative impact on normal school operations, or results in a significant impact to students, the parent/guardian, and/or staff, such as using prohibited substances in a large group setting at school; requiring a response that disrupts school operations such as the need for emergency medical services; or creating a situation where the parent/guardian is compelled to keep their children out of school, or where groups of students are unable to focus on learning due to a specific incident.

Threat An expression of intent to harm someone that may be spoken, written, or gestured. An expression of intent to harm someone is considered a threat regardless of whether it is communicated to an actual or prospective victim and regardless of whether the actual or prospective victim is aware of the threat existing in any fashion, whether orally, visually, in writing, or electronically.

Title IX Definitions

All Title IX conduct (including Hostile Environment Harassment, Dating Violence, Domestic Violence, Stalking, Rape, Sodomy, Fondling, Sexual Assault with an Object, Incest, Statutory Rape, and Retaliation) is considered Sex Discrimination as defined in Regulation 2118.

Vaping The act of inhaling and exhaling a vapor, which is produced by an e-cigarette or similar device such as e- hookahs, mods, Juul pens, or vape pens.

Vulgar Lack of culture, refinement, taste; coarse or crude.

Weapon Any item so defined in the text in the current version of regulation 2601. For the purpose of the Gun-Free Schools Act, nothing herein shall be construed to prohibit possession of a weapon under circumstances that are expressly permitted by the Code of Virginia.

• Students should leave desktop workstations and peripherals in their designated places.
• To ensure student safety and compliance with this Acceptable Use Policy, FCPS reserves the right to monitor and investigate students’ online activities as needed. This includes accessing, reviewing, copying, storing, or deleting any communications or files so they can be shared with adults as necessary and as permitted or required by law. Students should have no expectation of privacy regarding their use of FCPS equipment, network, internet access, files, or email access.

Personally Owned Computing and/or Network Devices (BYOD)

Students using personally owned electronic devices must follow the policy stated in this document while on school property, attending school-sponsored activities, or using the FCPS network.

• Students using a personally owned device with a wireless connection are only permitted to connect to the FCPS Wi-Fi network (not private cellular services) while on FCPS premises.
• When applicable, appropriate virus-checking software must be installed, updated, and made active prior to any personally owned device being placed on the FCPS network.
• No device placed on the FCPS network can have software that monitors, analyzes, or may cause disruption to the FCPS network.
• FCPS is not responsible for any device or data loss, theft, damage, or other associated costs of replacement or repair of a personal device as a result of a student participating in the BYOD initiative.
• FCPS staff will not be responsible for storing, supporting, or troubleshooting personal devices.
• Students will take full responsibility for any personally owned device and will appropriately secure all devices when not in use.
• FCPS reserves the right to monitor and investigate all devices and activities on the FCPS network. The device may also be confiscated by school officials in accordance with the SR&R.

See also the current versions of:
Regulation 6410, Appropriate Use of Fairfax County Public Schools' Network and Internet Resources
Regulation 2601, Student’s Rights and Responsibilities Book

• Demonstrate appropriate conduct at the bus stops including proper care for private property at that location.
• Not stand on the traveled portion of the roadway or parking lot while waiting for the bus or engage in play or other activities that will endanger themselves or their companions or possessions while waiting beside the road.
• Not approach a bus arriving at the bus stop until it has come to a complete stop with the entrance door open.
• Not run alongside a moving bus. Wait to cross a traveled portion of the roadway, or to board a bus, until the bus is stopped and other vehicles approaching or following the bus have stopped. The bus driver will signal students to cross a roadway when it is safe to do so.
• Report any illness or injury sustained on or around the bus immediately to the driver.
• Follow the directions of safety patrols who are assigned to a bus stop or a bus. Safety patrols help bus drivers and work under the direction of the school sponsor and the bus driver (elementary only).

Conduct on the Bus

Students Must:

• Recognize that the bus driver is the authority on the bus and obey and be courteous to them and fellow students.
• Go directly to a seat and remain seated unless otherwise directed by the driver.
• Not tamper with the emergency door.
• Not slap others or wave or shout at pedestrians or other vehicles.
• Not throw objects about the bus or from a window (or throw objects at the bus from outside).
• Carry onto bus only unbreakable objects that can be safely held in a student’s lap.
• Not share, sell, or consume food or beverages.
• Not talk on the cell phone, except in the case of an emergency. Texting or listening to music or video is permissible with earphones.
• Present written request from parents or guardians, subject to approval of school principal, to go home on an alternate route.

Leaving the Bus

Students Must:

• Remain seated until the bus comes to a full stop.
• Exit bus in an orderly manner.
• Leave the bus stop area only when safety permits; that is, when crossing a roadway, cross at a distance of approximately ten feet from the front of the bus after the driver signals it is safe to do so.

Parents or guardians are encouraged to walk with students to and from bus stops or school. Special education students and students in designated programs, (such as FECEP and Preschool/PAC) must be met at the bus by responsible adults. Kindergarten students riding the afternoon school buses will be returned to school unless they are met at the bus door by a parent, a guardian and/or caregiver, or sibling, middle school or higher, and asked for by name.

Current version of the Code of Virginia § 22.1-279.4 Information Regarding Prosecution of Juveniles as Adults

As required by section § 22.1-279.4 of the Code of Virginia, FCPS provides its students with information developed by the Virginia Attorney General regarding the laws governing the prosecution of juveniles as adults for the commission of certain crimes and that information can be found at https://www.doe.virginia.gov/home/showpublisheddocument/7368/638005652898060019.

This copy of regulation 2601 has been specially formatted for this publication. The official and current version of this regulation is available through the FCPS website, which includes changes that may be made between printings.

Regulation 2601.38P