DEFINITIONS

Aggravating Factors -- aggravating factors suggesting consequences beyond the recommended penalty include, but are not limited to, repeated violations, imminent danger to self or others, failing or refusing to follow the directives of school personnel while they are attempting to investigate or control behavior during a potential Code violation and other extreme circumstances within the discretion of the managing director.

Alternative Setting -- educational services provided by the system or another provider in a setting other than the student's school assignment.

Board – Phoenix Academy, Inc. Board of Directors.

Classroom -- locations where designated learning experiences take place and where school officials have supervisory responsibility.

Consequences -- consequences for violations of the Code of Conduct include, but are not limited to, conferences with parents, confiscation of property which disrupts the learning environment, detention, isolation, restitution, in-school suspension, suspension from school activities and events, suspension of bus privileges, after-school detention, out-of-school suspension and expulsion (See also the section entitled Disciplinary Measures).

Day or Days -- school days excluding teacher workdays, holidays, vacation days and weekends.

Expulsion -- permanent exclusion of a student from entering the school, school grounds or riding on a school-owned or operated vehicle and removal of the student from the rolls of Phoenix Academy, Inc. and other consequences provided by law.

In-School Suspension (hereinafter ISS) -- the in-school suspension program is an alternative to students being suspended out-of-school. Purposes are to provide a form of consequence that results in improved behaviors without the removal of students from the school environment and supervision.

Long-Term Suspension -- Out-of-school suspension for any designated period of more than 10 days but not in excess of the maximum time allowed by law (N.C.G.S. 115C-391).

Memorandum of Disciplinary Action -- The written summation by the managing director or his designee of the charges against the student, the managing director's findings and the disciplinary action assigned by the managing director as a consequence of the action.

Mitigating Factors -- mitigating factors include but are not limited to self-defense, provocation, former record of the student, and other factors in the discretion of the managing director and Superintendent.

Out-of-School Suspension (hereinafter OSS) -- the removal of the student from school, school activities and school grounds for a designated period of time as prescribed by law.

Parent -- includes the natural parent, legal guardian, legal custodian or person serving in local parents having charge or control of any student enrolled at Phoenix Academy.

Managing director -- the school managing director or any school professional to whom the managing director may officially delegate authority.

Student -- any person enrolled or attending Phoenix Academy, Inc.

Tardy -- means late for a class or other school period as defined by the schools and the North Carolina laws and regulations.

Teacher -- the licensed professional entrusted by the Board with the responsibility pursuant to law for the education, health and well-being of students under his/her direction.

Teacher Assistant -- the paraprofessional hired by the Board to provide classroom support and assistance to teachers. 

Year-Long Suspension -- Students who bring weapons or explosives or physically assault teachers, other adults or students may be suspended up to 365 days or placed in an alternative setting if the criteria set out in N.C.G.S. 115C-39(d1) are met. In some instances, a suspension for 365 days is mandatory. Students may be placed in alternative settings at the expiration of their long-term suspensions if re-entry into the regular education program could not reasonably result in appropriate academic progress.