Parental & Student Responsibilities

Assault

No person shall knowingly cause or attempt to cause physical harm to another or to another's unborn.

Whoever violates this section is guilty of assault. Except as otherwise provided in this section, assault is a misdemeanor of the first degree.

If this offense is committed in any of the following circumstances, assault is a felony of the fifth degree.

The victim of the offense is a school teacher or administrator or a school bus operator, and the offense occurs in a school,  on school premises, in a school building, on a school bus, or while the victim  is outside of school premises or a school bus engaged in duties or official responsibilities associated with the victim's employment or position as a school teacher or administrator or school bus operator, including, but not limited to, driving, accompanying, or chaperoning students at or on class or field trips, athletic events, or other school extracurricular activities or functions outside of school premises.

Making False Alarms

No person shall do either of the following:

¨  Initiate or circulate a report or warning of an alleged or impending fire, explosion, crime or other catastrophe, knowing that the report or warning is false and likely to cause public inconvenience or alarm.

¨  Knowingly cause a false alarm of fire or other emergency to be transmitted to or within any organization, public or private, for dealing with emergencies involving a risk of physical harm to persons or property.

¨  Report to any law enforcement agency an  alleged offense or other incident within its concern, knowing that such offense did not occur.

This section does not apply to any person conducting an authorized fire or emergency drill.

Whoever violates this section is guilty of making false alarms, a misdemeanor of the first degree.

Criminal Activity on School Property

No person shall assault, strike, threaten, menace or use improper, indecent, or obscene language toward a teacher, instructor, professor, person in charge of a class of students or employee of any school, college or university while in the performance of his duties.

No person shall disrupt, disturb or interface with the teaching of any class of students, or any other activity conducted in a school, college or university building, or upon the campus or grounds thereof.

No person shall assault, strike, threaten menace, follow, pursue or use profane, indecent or obscene language toward a student, or other person in a school, college or university building, or upon the campus or grounds thereof, or upon the way to or from any school, college or university sponsored activity.

Whoever violates this section is guilty of making false alarms, a misdemeanor of the first degree.

Children of Compulsory School Age to be in Attendance at School; Parental Duty Imposed

No child between the ages of six and seventeen, inclusive, other than a child that has been suspended or expelled from school, shall be at any place within the City except in attendance at school between the hours of 10:00 a.m. and 2:30 p.m. during any school day, unless the child has written proof from school authorities excusing  him or her from attending school at that particular time, or unless the child is accompanied by a parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the child.

Each parent or legal guardian of a child between the ages six and seventeen, inclusive, shall have a duty to prohibit the child from behaving contrary  to division (a) of this section. No person shall negligently fail to fulfill the duty imposed by this division.

Children Suspended or Expelled from School to Remain Under Supervision;
Parental Duties Imposed

If a child is suspended or expelled from school, then each parent or legal guardian of the child shall have the following duties for the duration of the suspension or expulsion:

¨ The duty to personally supervise the child, or to arrange for a responsible adult to supervise the child, at the times that the child would have been required  to be in attendance at school had he or she not been suspended or expelled.

If your your child is suspended or expelled or is truant or habitually absent from school, the school board may order you to attend parental training. Failure to attend the training is an arrestable offense.

Any child that violates this section is an unruly child and is subject to the jurisdiction of the Juvenile Court.

Any person that negligently fails to fulfill the duty imposed by this section is guilty of a minor misdemeanor for a first degree offense. Any person who is convicted of a second or subsequent offense for violating division (b) of this section is guilty of a misdemeanor of the fourth degree.

Parental Education or Training Program Requirements

The board of education of a city, exempted village, local, joint vocational, or cooperative education school district may adapt a policy requiring the parent or guardian of any student who is suspended or expelled by the District under section 3313.66 of the Revised Code to attend a parental education or training program provided by the District.

No person required to attend a parental education or training program pursuant to policy adopted under division (A) or (B) of section 3313.663 [3313.66.3] of the Revised Code shall fail to attend the program. Whoever violates this section is guilty of parental education neglect a misdemeanor of the fourth degree.

Student Lockers and Student Vehicles Searches

Background

Students are entitled to the guarantees of the Fourth Amendment and they are subject to reasonable searches and seizures by school officials.

The elimination of drugs, alcohol and weapons in public schools is important for the welfare and safety of students.  This importance has been recognized by state and federal laws, including the Federal Drug-Free Schools and Communities Act of 1986, 20 U.S.C. §3171.2 et seq.; Federal Drug-Free Workplace Act of 1988, 41 U.S.C. §201 et seq.

General Provisions

For purposes of this policy, “contraband” includes drugs, alcohol, weapons, or other materials possessed by a student in violation of federal or state law or school policy.

All contraband found during searches by school officials will be seized and used as evidence against the student in disciplinary proceedings.  In addition, illegal material confiscated will be turned over immediately to the appropriate law enforcement agency for further investigation and for the institution of possible juvenile or criminal proceedings.

Students

School officials may conduct a reasonable search of a particular student and his or her personal effects when there is reasonable suspicion that the student is in possession of contraband.

The scope of the search must be reasonably related to the objectives of the search and not excessively intrusive in light of the student’s age and sex and the nature of contraband the student is suspected of possessing.

Lockers

Student lockers are owned by the Cleveland Metropolitan School District School District and loaned to students for their convenience.  The school exercises exclusive control over lockers and a student should not expect privacy regarding items placed in a locker because lockers are subject to search at any time by school officials.

School officials may conduct a reasonable search of a particular locker when there is reasonable suspicion that the locker contains contraband.  Prior to the search of a particular locker, the student assigned to the locker will be notified and given an opportunity to be present.  However, where school authorities have a reasonable suspicion that a particular locker contains material which poses a threat to the welfare and safety of students and staff in the school, the student locker may be searched without prior notice.

School officials may conduct blanket or random searches of lockers without suspicion of any particular student where school officials determine in good faith that a substantial problem is threatening the welfare or safety of students and staff and that blanket or random searches may help solve or eliminate the problem.  Before such a search is conducted, the school will take the following steps:

¨  The CEO or his/her designee and the principal will jointly approve the search in the interest of solving a substantial problem threatening the welfare or safety of students and staff.

¨  The CEO or his/her designee and the principal will decide the method and scope of the search.  The search method must be uniform and preclude the use of discretion by school officials as to which lockers are searched.  Random searches may be used to search less than all lockers provided the method of selection is truly random and without discretion of officials; for example, searching every fifth locker in a designated hallway.

¨  The CEO or his/her designee and the principal are authorized to conduct a one-time search or a program under which a series of searches are conducted over a specified period of time, provided that the search program will only continue as long as deemed necessary in light of the identified problem.

All students will be required to sign a written acknowledgment of receipt of a copy of this policy and/or the Cleveland Metropolitan School District Code of Conduct that includes this policy at the time each student is assigned and issued a locker.  No additional notice to students is required prior to a random or blanket search of students’ lockers.  Blanket or random locker searches may be conducted by opening and searching lockers.

Any contraband found in a locker will be considered in the possession of the student assigned to the locker.

Student Vehicles

Student parking lots are owned by the Cleveland Metropolitan School District and parking permits are made available to students for their convenience.  The school exercises exclusive control over student parking lots.  Students should not expect privacy regarding items placed in their vehicle in the student parking lot, as the parking lot is subject to routine patrols and inspections of the exterior of student vehicles on school property without prior notice or consent.  Routine patrols may be conducted by school officials or through the use of drug detecting dogs.

School officials may conduct a reasonable search of the interior of a particular vehicle parked in the student parking lot when there is a reasonable suspicion that the vehicle contains contraband.  Prior to the search of a particular vehicle, the student will be notified and given an opportunity to be present.  However, where school authorities have a reasonable suspicion that a particular vehicle contains material which poses a threat to the welfare and safety of students and staff in the school, the vehicle may be searched without prior notice.

All students will be required to sign a written acknowledgment of receipt of a copy of this policy and/or the Cleveland Metropolitan School District Code of Conduct that includes this policy at the time each student is assigned a parking permit.  No additional notice to students is required prior to routine patrols and inspections of the exterior of students’ vehicles on school property.

Search Procedures

Except as provided below, only principals and assistant principals may conduct the search of a particular student, locker, or vehicle.  The search must be conducted in the presence of at least one other administrator or teacher, except in emergency situations in which the principal or assistant principal has reasonable suspicion that a student may have contraband that poses an immediate threat to the welfare and safety of other individuals in the school.

A pat-down search of a student’s person may only be conducted by a principal or assistant principal of the same sex, except:

¨  In emergency situations in which the principal or assistant principal has reasonable suspicion that a student may have contraband on his or her person that poses an immediate threat to the welfare and safety of that student or of other individuals in the school; and

¨  When the student’s sex is different from both the principal and assistant principal, in which case the pat-down search must be conducted by another school official of the same sex.

School officials may use discretion in any decision to involve police in the investigation of contraband possession by students, except where school policy or state or federal laws require notification of police.