Appendices
- PUPIL PRIVACY RIGHTS ACT
- EQUAL ACCESS
- GCA Governing Board Attendance Policy
- GCA Governing Board Promotion and Retention Policy
- GCA Governing Board Student Discipline and Code of Conduct Policy
- Complaint Procedures
- Discrimination Notices
PUPIL PRIVACY RIGHTS ACT
PPRA affords parents of elementary and secondary students certain rights regarding the conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include, but are not limited to, the right to:
- Consent before students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the U.S. Department of Education (ED) –
- Political affiliations or beliefs of the student or student’s parent;
- Mental or psychological problems of the student or student’s family;
- Sex behavior or attitudes;
- Illegal, anti-social, self-incriminating, or demeaning behavior;
- Critical appraisals of others with whom respondents have close family relationships;
- Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
- Religious practices, affiliations, or beliefs of the student or student’s parent; or
- Income, other than as required by law to determine program eligibility.
- Receive notice and an opportunity to opt a student out of –
- Any other protected information survey, regardless of funding;
- Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under State law; and
- Activities involving collection, disclosure, or use of personal information collected from students for marketing or to sell or otherwise distribute the information to others. (This does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions.)
- Inspect, upon request and before administration or use –
- Protected information surveys of students and surveys created by a third party;
- Instruments used to collect personal information from students for any of the above marketing, sales, or other distribution purposes; and
- Instructional material used as part of the educational curriculum.
These rights transfer from the parents to a student who is 18 years old or an emancipated minor under State law.
Georgia Cyber Academy (GCA) has developed and adopted policies, in consultation with parents, regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes. GCA will directly notify parents of these policies at least annually at the start of each school year and after any substantive changes. GCA will also directly notify, such as through U.S. Mail or email, parents of students who are scheduled to participate in the specific activities or surveys noted below and will provide an opportunity for the parent to opt his or her child out of participation of the specific activity or survey. GCA will make this notification to parents at the beginning of the school year if the District has identified the specific or approximate dates of the activities or surveys at that time. For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys. Parents will also be provided an opportunity to review any pertinent surveys. Following is a list of the specific activities and surveys covered under this direct notification requirement:
- Collection, disclosure, or use of personal information collected from students for marketing, sales, or other distribution.
- Administration of any protected information survey not funded in whole or in part by ED.
- Any non-emergency, invasive physical examination or screening as described above.
Parents who believe their rights have been violated may file a complaint with:
EQUAL ACCESS
Equal Access to Public School Facilities- Boy Scout of America Equal Access Act: No public elementary school, public secondary school or local educational agency that has a designated open forum or a limited public forum and that receives funds made available from the US Department of Education shall deny equal access or a fair opportunity to meet, or shall discriminate against, any group officially affiliated with the Boy Scouts of America, or any other youth group listed in Title 36 of the United States Code (as patriotic society) that wishes to conduct a meeting with that designated open forum or limited public forum, including denying such access or opportunity or discriminating for reasons based on the membership or leadership criteria or oath of allegiance to God and country of the Boy Scouts of America or of the youth group listed in Title 36 of the United States Code (as a patriotic society). For the purposes of this section, an elementary school or secondary school has a limited public forum whenever the school involved grants an offering to, or opportunity for, one or more outside youth or community groups to meet on school premises or in school facilities before or after the hours during which attendance at the school is compulsory. Nothing in this section shall be construed to require any school, agency, or a school served by an agency to sponsor any group officially affiliated with the Boy Scouts of America, or any other youth group listed in Title 36 of the United States Code (as a patriotic society). Compliance with this provision will be enforced through rules and orders issued by the Office for Civil Rights. If the public school or agency does not comply with the rules or orders, no funds made available through the Department of Education shall be provided by a school that fails to comply with such rules or orders or to any agency or school served by an agency that fails to comply with such rules or orders (P.L. 114-95, Section 8525).
GCA Governing Board Attendance Policy
Georgia Cyber Academy Governing Board Attendance Policy
The Board of GCA adopts the following policy, effective on the date of adoption by the Board.
Cumulative Number of Days and Hours Attendance Requirements
Per SBOE Rule 160‐5‐1‐.02, Georgia Cyber Academy students must participate in school learning activities for a minimum of 180 days per school year.
Per SBOE Rule 160‐5‐1‐.02, the minimum number of hours required per school day are as follow:
- Kindergarten 4.5 hours per day
- 1st through 3rd grade 4.5 hours per day
- 4th through 5th grade 5.0 hours per day
- 6th through 12th grade 5.5 hours per day
For Kindergarten through 12th grade, time does include Math, Social Studies, Language Arts, Science, Foreign Language, Art, PE, Music, Health, and other Elective courses, as well as, support activities such as tutoring, state testing, and Academic Support Services (per IEP). Time may also include Educational Field Trips, Testing, Counseling, Health Screenings, and extended learning time activities, however additional attendance guidelines for these activities may be outlined in the GCA District Handbook. Also, school sponsored non-instructional activities may count toward attendance hours. Additionally, 30 cumulative health hours and 60 cumulative PE hours are required per year.
For High School, time includes all courses on the approved course list as defined in State Board Rules 160‐4‐2‐.03 and 160‐4‐2‐.20 shall be counted as instructional time (Note: All GCA courses are on the approved course list). In addition, Educational Field Trips, Testing, Counseling, Health Screenings, Academic Support Services (per IEP), and extended learning time activities may be included, however additional attendance guidelines for these activities may be outlined in the GCA District Handbook. Also, school sponsored non-instructional activities may count toward attendance hours.
NOTE: Attendance hours must be logged in a timely manner in accordance with GCA procedure and guidelines. Failure to follow attendance logging procedures may result in withdrawal from GCA.
This policy may be amended at any time in order to align with federal and state laws, rules, regulations, and policies.
Resource Document Links: 160-5-1-.02 SCHOOL DAY AND SCHOOL YEAR FOR STUDENTS AND EMPLOYEES
Attendance Protocol
Attendance Protocol
Developed by Georgia Cyber Academy
- Definitions for Attendance Protocol
- Truant: Any child who is subject to the compulsory attendance law who has more than five days of unexcused absences during the calendar school year.
- Excused absences include:
- Personal illness of the student or when attendance in school would endanger the health of the student or the health of others. Upon the student’s return to school, appropriate medical documentation is required within three days of the absence.
- Serious illness or death in the student's immediate family necessitating the absence. In the case of serious illness, the student is required to present medical documentation to validate the absence an as excused absence within three days of the student’s return to school.
- Court order by a governmental agency mandating the student’s absence from school.
- Special or recognized religious holidays observed by the faith of the student.
- Weather or environmental conditions rendering attendance impossible or hazardous to the student’s health or safety.
- An absence not to exceed one (1) day for registering to vote.
- Religious Holidays
- Other absences to be approved by, and at the discretion of, the Superintendent and/or the local school board.
- Unexcused absences include:
- Failure to attend school, with or without the knowledge of the parent/legal guardian, for reasons other than those specifically outlined as excused absences.
- Excused absences include:
- Grades and Absences: A student’s final course grades shall not be penalized for excused absences if the following conditions are met:
- Absences are justified and valid documentation is presented. Within three (3) days of the student's return to school, an email explaining the absence should be sent to the student's Attendance Specialist. The email must include the student's name, the date of the absence, the reason for the absence and the required documentation. If the Attendance Specialist does not receive an email within three days of the absence, the absence will be unexcused and will remain unexcused.
- Make-up work for excused absences is completed satisfactorily.
- In the instances where the above conditions are not met, penalties and consequences will be imposed and upheld by the local school board.
- Truant: Any child who is subject to the compulsory attendance law who has more than five days of unexcused absences during the calendar school year.
- Parental/Student Notification
- Georgia Cyber Academy will provide each student and his/her parent, guardian or other person who has control or charge of the student, with the Georgia Compulsory Attendance Law and a written summary of the possible consequences and penalties for non-compliance at the beginning of each school year.
- By September 1st of each school year or within 30 days of a student’s enrollment in a school system, the parent, guardian or other person having control or charge of such student must sign a statement indicating receipt of such written statement of possible consequences and penalties. Students who are ten years or older by September 1st shall sign a statement indicating receipt of such written statement of possible consequences of non- compliance with the school system’s policy.
- When a student reaches five (5) or more unexcused absences, the school Attendance Specialist will notify the parent, guardian or other person who has control or charge of the student. The notice will outline the penalty and consequences of such absences and that each subsequent absence will constitute a separate offense.
- After two reasonable attempts (including but not limited to: phone calls to the parent or guardian, letters to the parent or guardian, either through US mail to notify the parent, guardian or other person who has charge or control of the student), Attendance Specialists will send written notice via certified mail with the return receipt requested.
- Interventions and Consequences for Truancy
- GCA has outlined the following interventions and consequences for truancy for primary, elementary, middle and secondary grade bands.
- Prior to Court Involvement
- Before any court referral is considered, the school Attendance Specialist must have detailed all efforts to intervene with students and their families, including a minimum of three (3) calls, letters and/or email to the parent/legal guardian.
- Before juvenile court or other referral, the school system must have implemented the following progressive discipline process with parental involvement:
- Procedures for unexcused absences
- After five (5) unexcused absences:
- After two reasonable attempts to notify the parent, guardian or other person without response, the school shall send a notice to such parent, guardian or other person by certified mail, return receipt requested. The letter should include a copy of the compulsory attendance law.
- GCA Attendance Specialists will work with the School Staff for the purpose of evaluating attendance and to provide intervention services.
- After two reasonable attempts to notify the parent, guardian or other person without response, the school shall send a notice to such parent, guardian or other person by certified mail, return receipt requested. The letter should include a copy of the compulsory attendance law.
- After seven (7) unexcused absences: by a child 14 and older, the Attendance Specialist shall notify the student that only three unexcused absences remain prior to violating the attendance requirements specified in Georgia statute (O.C.G.A. 40-5-22).
- after ten (10) unexcused absences:
- A follow up letter will be sent from the School Attendance Specialist to the parent or guardian informing them of withdrawal. At this point, all administrative actions have been taken to correct truancy and have proven ineffective. GCA will file proceedings in court and furnish evidence for the conviction of parents and /or child for non-compliance with compulsory attendance laws.
- For a student aged 14-18 whose ten (10) unexcused absences are within one semester or two quarters, the letter shall state that the student’s eligibility to obtain or retain a driver’s permit or license may be impacted.
- After five (5) unexcused absences:
- Court Referral:
- Juvenile Court Referral:
- The Attendance Specialist will file an unruly/truancy or educational neglect petition with the Local County Juvenile Court and if the case meets the necessary requirements, it will be assigned to a probation officer.
- If found truant and adjudicated unruly/ungovernable, the child may be placed on supervision with the court and subject to dispositions for unruly children pursuant to O.C.G.A.15-11-67.
- If deprivation is found based upon educational neglect, the juvenile court judge may issue a protective order against the parent/legal guardian or custodian pursuant to O.C.G.A. 15-11- 11 and 15-11-55.
- In either case, if the child is placed on supervision or the court has issued a protective order against the parent/legal guardian or custodian, the child’s attendance will be monitored by the probation officer.
- If the child fails to comply with the court’s order, a violation of supervision charge shall be filed by the juvenile court probation officer.
- In the case of educational neglect, if the child is still chronically absent from school, and the parent/guardian has failed to comply with conditions of the protective order, a rule will be issued against the parent, legal guardian or custodian to show cause why he/she should not be found in contempt of court and punished by incarceration, fine, or a required community service program administered and monitored by the local board of education. The Juvenile Court, in its discretion, may order all the aforementioned punishments for contempt. The parents or guardian may be allowed to purge themselves of contempt by immediately complying with the protective order or ensuring that the child complies with the court ordered rules of supervision.
- State Court Referral: If after the protective order and the finding of contempt, the child continues to be truant or non-compliance continues, the juvenile court may proceed as a court of inquiry to bind the parents or guardian over to the state court under the Georgia Compulsory School Attendance Law (O.C.G.A. Section 20-2-690.1).
- If the parent/guardian or custodian fails to complete or declines to participate in pretrial intervention efforts, the Solicitor General may file formal charges against the defendant or take other appropriate action.
- If the parent, legal guardian or custodian agrees to a plea bargain or is found guilty of violating O.C.G.A. 20-2-690.1, he/she shall be guilty of a misdemeanor subject to a fine of not less than $25.00 and not greater than $100.00, imprisonment not to exceed thirty (30) days, community service, or any combination of such penalties, at the discretion of the State Court judge.
- Each day’s absence from school in violation of this section shall constitute a separate offense.
- Juvenile Court Referral:
- Student Withdrawals:
- Georgia Cyber Academy is authorized to withdraw a student for any of the following reasons:
- Has had 10 or more consecutive or non-consecutive days of unexcused absences;
- Lack of engagement per Board policy;
- Is not subject to compulsory school attendance; and
- Is receiving instructional services from the local school system through homebound instruction or instructional services required by the federal Individual with Disabilities Education Act (IDEA); or
- Is no longer a resident of Georgia.
- Withdrawal Notification
- Each superintendent or the superintendent’s designee shall use his/her best efforts to notify the parent(s), guardian(s), or other person(s) who has charge of a student if the school system plans to withdraw such student who is younger than 18 years of age and is not subject to compulsory school attendance.
- Georgia Cyber Academy is authorized to withdraw a student subject to compulsory attendance if the superintendent or the superintendent’s designee has determined the student is enrolled in a private school or home study program.
- Georgia Cyber Academy shall withdraw students retroactive to the first day of the consecutive absences.
- IMPORTANT: By law, if a student is withdrawn and all attempts to secure proof of transfer to another school or to receive a homeschool declaration fails within forty-five (45) days of the withdrawal, then the student will be referred to DFCS (Department of Family and Children’s Services). Proof of registration at another school or a homeschool declaration must be documented in the student’s file within forty-five (45) days to avoid referral to DFCS.
- Georgia Cyber Academy is authorized to withdraw a student for any of the following reasons:
- Summary of Adopted Local School Board Policies and Regulations
- Definition of Truancy: The Board of Education of Georgia Cyber Academy adopts, as a part of the student codes of conduct developed pursuant to O.C.G.A. § 20-2-735, the outlined definition of truancy that contains the minimum standards related to student attendance and a summary of possible consequences and penalties for truancy established in state board rule (160-5- 1-.10). The summary of possible consequences for students shall include possible dispositions for unruly children in accordance with O.C.G.A. § 15-11-67, including the possible denial or suspension of a driver’s license for a child.
GCA Governing Board Promotion and Retention Policy
GEORGIA CYBER ACADEMY GOVERNING BOARD PROMOTION AND RETENTION POLICY
Adopted On: 4/18/2018 Last Reviewed On: 3/12/2019 Last Updated On: 4/24/2019
The Board of GCA adopts the following policy, effective on the date of adoption by the Board.
Georgia Cyber Academy (“GCA”) is a charter school that is provided under O.C.G.A. Section 20-2-2065 a waiver of certain requirements of Title 20 of the Official Code of Georgia, including but not limited to the requirements of
O.C.G.A. Sections 20-2-282 through 285 regarding the retention and promotion of students. Consistent with the flexibility provided to GCA under O.C.G.A. Section 20-2-2065, GCA desires to establish an appropriate policy regarding the procedures for promotion, placement and retention of its students.
The placement or promotion of a student at GCA into a grade, class, or program shall be based on an assessment of the academic achievement of the student and a determination of the education setting in which the student is most likely to receive the instruction and other services needed in order to succeed and progress to the next higher level of academic achievement, in a manner consistent with the policy set forth below.
- I. DEFINITIONS
- II. PROMOTION, PLACEMENT, AND RETENTION REQUIREMENTS FOR GRADES KINDERGARTEN through GRADE 8
- III. GCA PROMOTION, PLACEMENT AND RETENTION CRITERIA
- IV. APPEALS OF PLACEMENT, PROMOTION AND RETENTION DECISIONS GRADES KINDERGARTEN THROUGH GRADE 8
- V. REQUIREMENTS FOR GRADES 9 —12
- VI. COMPLIANCE WITH FEDERAL AND OTHER APPLICABLE LAWS AND RULES
- Legal citations:
I. DEFINITIONS
Accelerated Instruction – challenging instructional activities that are intensely focused on student academic deficiencies in reading, mathematics, science and/or social studies. This accelerated instruction is designed to enable a student who has not achieved grade level, as defined by the Accountability Division of the Georgia Department of Education, to meet grade-level standards in a compacted period of time.
Additional Instruction – academic instruction, beyond regularly scheduled academic classes, that is designed to bring students not performing on grade level, as defined by the Accountability Division of the Georgia Department of Education, to grade level performance. It may include more instructional time allocated during the school day, instruction before or after the school day, Saturday instruction, and/or summer or other inter- session instruction.
Differentiated Instruction – instructional strategies designed to meet individual student learning needs.
Grade Level Achievement – standard of performance, as defined by the Accountability Division of the Georgia Department of Education, on the state adopted assessment(s).
Placement – the assignment of a student to a specific grade level based on the determination that such placement will most likely provide the student with instruction and other services needed to succeed and progress to the next higher level of academic achievement.
Promotion – the assignment of a student to a higher grade level based on the student’s achievement of established criteria in the current grade.
Retention – the re-assignment of a student to the current grade level during the next school year.
State Adopted Assessment – an assessment in any subject required by the state of Georgia to be administered to students.
II. PROMOTION, PLACEMENT, AND RETENTION REQUIREMENTS FOR GRADES KINDERGARTEN through GRADE 8
- Students shall be tested in accordance with requirements specified in State Board Rule 160-3-1.07 Testing Programs – Student Assessment.
- The school principal or designee shall annually notify parent(s)/guardian(s) that promotion, placement, or retention of a student into a grade, class, or program will be based on the student’s performance on the state adopted assessments, the academic achievement of the student, and the GCA promotion, placement and retention criteria set forth in this policy.
- Placement decisions will be made on an individual basis by the student’s principal based upon the criteria set forth in this policy. If a student is retained, written documentation of evidence supporting the decision will be on file in the student’s permanent record.
- The student’s parent(s)/guardian(s) shall be notified of the promotion, placement or retention decision within 10 days after the decision has been made.
- Students who spend more than one year in any grade will be provided accelerated instruction, additional instruction, or differentiated instruction.
III. GCA PROMOTION, PLACEMENT AND RETENTION CRITERIA
Kindergarten:
- Readiness level as established by the results of the Georgia Kindergarten Inventory of Developing Skills (GKIDS).
- Readiness level as established by the results of the approved district reading assessment(s) and approved district mathematics assessment(s) which are available at the time the retention, promotion or placement decision is being made.
- Teacher recommendation for promotion, placement or retention.
Grades 1 - 2:
- Readiness level as established by the results of the approved district reading assessment(s) and approved district mathematics assessment(s) which are available at the time the retention, promotion or placement decision is being made.
- Readiness level as established on the student report card.
- Teacher recommendation for promotion, placement or retention.
Grades 3 - 5:
- Readiness level as established by the results of the appropriate state adopted assessment(s) in the areas of reading, mathematics, science and/or social studies which are available at the time the retention, promotion or placement decision is being made.
- Readiness level as indicated on the student report card.
- Readiness level as established by the results of any approved district reading, mathematics, science and/or social studies assessment(s) which are available at the time the retention, promotion or placement decision is being made.
- Teacher recommendation for promotion, placement or retention.
Grades 6 - 8:
- Grade level achievement as established by the results of the appropriate state adopted assessment(s) in the areas of reading, mathematics, science and/or social studies which are available at the time the retention, promotion or placement decision is being made.
- Passing 3 of 4 academic classes and 66% or more of all connection classes taken during the school year.
- Readiness level as established by the results of any approved district reading, mathematics, science and/or social studies assessment(s) which are available at the time the retention, promotion or placement decision is being made.
- Teacher recommendation for promotion, placement or retention.
IV. APPEALS OF PLACEMENT, PROMOTION AND RETENTION DECISIONS GRADES KINDERGARTEN THROUGH GRADE 8
In the event a parent of a student in Kindergarten through Grade 8 disagrees with a placement, promotion or
retention decision by the student’s principal (the “Placement Decision”) and wishes to appeal such decision, the parent must notify the student’s principal in writing of their appeal of the Placement Decision within 10 days of receiving written notice of the Placement Decision or all rights of appeal of the Placement Decision shall be waived and the Placement Decision shall be final.
In the event a timely appeal of a Placement Decision is made by a parent of a student, a Placement Review Team consisting of the parent(s) of the student, a counselor or the family support liaison for the student, and the school principal or designee shall be convened to reconsider the Placement Decision of the student. The Placement Review Team shall consider all the retention, placement and promotion criteria as set forth in this policy and such other relevant information as the parents and other members of the Placement Review Team wish to share with the Placement Review Team. The initial Placement Decision (regardless of whether the initial decision was a decision of placement, retention or promotion) shall not be changed by the Placement Review Team unless the Placement Review Team unanimously agrees to the change in placement, retention or promotion of the student. The decision of the Placement Review Team shall be given to the parents in writing within 10 days of the date of the decision of the Placement Review Team.
In the event any member of the Placement Review Team disagrees with the decision of the Placement Review Team and wishes to appeal such decision, the person desiring to appeal the decision of the Placement Review Team must notify the Head of School in writing of their appeal of the decision of the Placement Review Team within 10 days of receiving written notice of the decision of the Placement Review Team or all rights of appeal of the decision of the Placement Review Team shall be waived and the decision of the Placement Review Team shall be final. The person submitting the appeal must submit a statement of all reasons and supporting documentation as to why they disagree with the decision of the Placement Review Team at the time of submitting their appeal of the decision of the Placement Review Team. The Head of School (or designee appointed by the Head of School) shall review the written documentation that is timely submitted by the person making the appeal along with records of the District relating to the decision of placement, promotion or retention without the requirement of any additional hearing or meeting. The Head of School (or designee) shall issue a written decision either affirming or modifying the placement, promotion or retention based upon their review of the record. The decision of the Head of School (or designee) shall be final.
V. REQUIREMENTS FOR GRADES 9 —12
Students in high school progress toward graduation on a course by course basis. Students shall take courses based upon academic performance, academic needs, graduation requirements and previous credits earned.
Students shall stay intact with their entering class for courses related to their freshman year. Assignments beyond the freshman year will be determined by the number of credits earned by the student. That is, a student will remain a freshman until such time that he/she earns 5 credits to be considered a Sophomore, 11 credits to be considered a Junior and 17 credits to be considered a Senior.
UNITS OF CREDIT
All state-supported high schools shall make available to all students the required areas of study. A course shall count only once for satisfying any unit of credit requirement for graduation. A total of 23 units are required to meet graduation requirements. See the following chart:
| AREAS OF STUDY | UNITS REQUIRED |
|---|---|
| English/Language Arts | 4 |
| Mathematics |
4 |
| Science | 4 |
(Note: The 4th science unit may be used to meet both the science and an elective requirement)
| AREAS OF STUDY | UNITS REQUIRED |
|---|---|
| Social Studies/History/Humanities | 3 |
| Health | 0.5 |
| Personal Fitness | 0.5 |
| CTAE and/or World Language and/or Fine Arts | 3 |
| Electives | 4 |
TOTAL UNITS REQUIRED (MINIMUM): 23
VI. COMPLIANCE WITH FEDERAL AND OTHER APPLICABLE LAWS AND RULES
Notwithstanding anything to the contrary contained in policy, in compliance with the requirements of the Individuals with Disabilities Education Act (“IDEA”), and its implementing rules and regulations, all decisions regarding the provision of a free, appropriate, public education to students served under IDEA, including but not limited to decisions regarding placement, promotion and retention shall be made by the child’s IEP team in accordance with the provisions of IDEA, and the decision of the IEP team shall be final. Also notwithstanding anything to the contrary contained in policy, in the event a child is served under Section 504 of the Rehabilitation Act of 1973 (“Section 504”) and its implementing rules and regulations, if a parent disagrees with a promotion, placement or retention decision, the child’s Section 504 team shall convene to determine whether the District will be providing a free appropriate public education to the child as required by Section 504 if the promotion, placement or retention decision is implemented, and the Section 504 team may make such modifications to the promotion, placement or retention decision to the extent the Section 504 team determines that such changes to the promotion, placement or retention of the child are required in order to provide a free appropriate public education to the child pursuant to the requirements of Section 504. For purposes of this policy, the Section 504 team shall be the Placement Review Team for students served under Section 504, all decisions made by the Section 504 team shall be made in a manner consistent with Section 504, and the decision of the Section 504 team shall be final.
GCA chooses to exercise the flexibility given to it under O.C.G.A. Section 20-2-2065 with respect to promotion, retention and placement of its students to the greatest extent permitted by law and in accordance with the terms of this policy; however, to the extent that any laws, rules or regulations cannot be waived or are otherwise required by law to apply to GCA notwithstanding the flexibility give under O.C.G.A. Section 20-2-2065 or are applicable under GCA’s Charter, Bylaws or other governing documents (collectively “Non-Waivable Laws and Rules”), all such Non-Waivable Laws and Rules shall be fully complied with by GCA, notwithstanding any other terms of this policy to the contrary.
Legal citations:
O.C.G.A. 20-02-282 Academic Placement and Promotion Policy
O.C.G.A. 20-02-2065 Applicability of title, etc. to charter schools; waiver; requirements with respect to operation, control, and management
29 U.S.C. Section 794 Nondiscrimination under Federal grants and programs 34 C.F.R. 104.33 Free appropriate public education
20 U.S.C. Section 1412 State Eligibility
34 C.F.R. 300.101 Free appropriate public education (FAPE)
GCA Governing Board Student Discipline and Code of Conduct Policy
Georgia Cyber Academy Governing Board Student Discipline and Code of Conduct Policy
Adopted On: April 24, 2019_ Last Reviewed On: April 24, 2019 Last Updated On:
The Board of GCA adopts the following policy, effective on the date of adoption by the Board.
The Georgia Cyber Academy (GCA) Governing Board adopts this Student Discipline and Code of Conduct Policy to establish and implement an age-appropriate student code of conduct designed to create and sustain a learning environment that facilitates all students’ efforts to learn. Student Discipline also will be addressed, consistent with this policy, in a student code of conduct included in the District Handbook. This Policy, and the Student Code of Conduct, will comply with state law and State Board of Education Rules and will include the following:
- Standards for student behavior designed to create the expectation that all students will behave t in such a manner as to facilitate a learning environment for all students. The standards will encourage students to respect each other, school faculty/ staff, and any persons attending school functions, and to motivate students to obey student behavior policies adopted by this Board and to obey student behavior rules established at each school.
- Student support processes designed to consider, as appropriate, considering the severity of the behavioral problem, support services available at each school, the district and other public entities or community organizations which may assist students to address behavioral problems.
- Progressive discipline processes designed to create the expectation that the degree of discipline imposed will be in proportion to the severity of the behavior leading to the discipline and will consider the previous discipline history of the student and other relevant factors, while ensuring that each student receives the due process mandated by federal and state law.
- Parental involvement processes designed to enable parents, guardians, teachers and school administrators to work together to improve and enhance student behavior and academic performance. The process should enable parents, guardians and school employees to communicate freely their concerns about student behaviors which detract from the learning environment.
The code of conduct will require disciplinary action for infractions of the code and will include the disciplinary process required by Georgia statute and a hearing officer that meets the training requirements included in O.C.G.A. § 20-2-759 and State Board of Education (SBOE) rule 160-4-8-.15.
The student code of conduct will be distributed to each student at the beginning of the school year and upon enrollment of each new student. The parents/guardians will be requested to sign an acknowledgment of the receipt of the code of conduct and promptly return the acknowledgment to the school.
- Teacher Reporting Information
- Reporting Inappropriate Behaviors
- Discipline Related to Students with Disabilities
Teacher Reporting Information
A teacher is required, consistent with Board policy and applicable law, to manage his or her online classroom, including disciplining students and referring students to the principal or designee to maintain discipline in the online classroom.
Any teacher who has knowledge that a student has exhibited behavior which violates the student code of conduct sufficient to substantially interfere with the teacher's ability to communicate effectively with the students in the class or with the ability of such student's classmates to learn will file a report of such behavior with the principal or designee.
The principal and teacher should thereafter follow the procedures set forth in the Student Discipline Code of Conduct procedure and as set forth in Georgia law, specifically O.C.G.A. 20-2-737-738.
Student behavior which violates state or federal laws as specified in O.C.G.A. 20-2-1184 will result in a report being filed with the police and district attorney.
The Superintendent and/or designee shall develop procedures and guidelines as necessary for implementation of this policy and law.
Reporting Inappropriate Behaviors
The District adheres to the requirements found in O.C.G.A. § 20-2-751.7 and the Georgia Professional Standards Commission’s state mandated process for students to follow reporting instances of alleged inappropriate sexual behavior by a school employee. Any student (or parent or friend of a student) who has been the victim of an act of abuse, sexual abuse, sexual misconduct, or other inappropriate behavior by a teacher, administrator or other school district employee is urged to make an oral report of the act to any teacher, counselor or administrator at his/her school.
Pursuant to O.C.G.A. § 19-7-5, if a student has allegedly been abused a report of such allegation will be made immediately.
Any report of behavior contemplated in O.C.G.A. § 20-2-1184 will be made to superintendent or his/ her designee.
Discipline Related to Students with Disabilities
Complaint Procedures
COMPLAINT PROCEDURES
Complaints: Every Student Succeeds Act (ESSA)
Complainants are expected to address complaints or grievances beginning at the school level with the teacher first and then the administration. Central Office personnel should be contacted next, should parents feel the issues have not been resolved. Conference forms, notes and minutes are kept on file as documentation of the issues.
Complaint procedures under the Every Student Succeeds Act (ESSA) are available from the Georgia Cyber Academy Superintendent, Mike Kooi. The complaint procedures describe grounds for complaints, federal programs for which complaints can be filed, information on filing and investigation of a complaint, as well as rights to appeal. The address to which complaints should be filed is included in the procedure. Information regarding complaint procedures is distributed annually to school administrators to share with staff. Copies are also kept on file in each school’s front office.
Grounds for An ESSA Complaint
Any individual, organization or agency (complainant) may file a complaint with Georgia Cyber Academy’s Board of Directors if that individual, organization or agency believes and alleges that a violation of Federal Statute or Federal Regulation that applies to a program under ESSA has occurred. The complaint must allege a violation that occurred not more than one (1) year prior to the date that the complaint is received, unless a longer period is reasonable because the violation is considered systemic or ongoing.
Federal Programs for Which Complaints Can Be Filed
- Title I, Part A
- Title 1, School Improvement Grant (SIG) 1003 (a)
- Title I, Part C
- Title I, Part D
- Title II, Part A
- Title III, Part A
- Title VI, Part B
- Title IX, Part A McKinney-Vento Act
- ESSER: CARES, CRRSA, ARP
Complaints originating at the local level as a part of its assurances within ESSA program grant applications and pursuant to Section 9306 of ESSA, an LEA accepting federal funds must have local written procedures for the receipt and resolution of complaints alleging violations of law in the administration of covered programs.
Therefore, a complaint should not be filed with the Georgia Department of Education until every effort has been made to resolve though local written complaint procedures. If the complainant has tried to file a complaint with Georgia Cyber Academy to no avail, the complainant must provide the Georgia Department of Education with written evidence of their attempt to resolve the issue with Georgia Cyber Academy.
All Other Complaint Procedures
A. Students, parents/guardians, and any other individual who may have a complaint should address it first at the school level (for example, a complaint about a classroom-related matter should first be addressed with the teacher) and then with school administration. If the complaining party believes the issues have not been resolved by school administration, he or she should send a formal complaint as described in this procedure to the general counsel for the Georgia Cyber Academy (the “School”) Board, whose information is provided below.
B. Conference forms/notes/minutes are kept on file as documentation of the issues.
C. Students, parents/guardians, and any other individual may file a complaint with the Georgia Cyber Academy Board if he or she believes and alleges that a violation of state law or regulation has occurred. The complaint must allege a violation that occurred not more than one (1) year prior to the date that the complaint is received unless a longer period is reasonable because the violation is considered systemic or ongoing.
D. A formal complaint must be filed in writing and signed by the complainant. The complaint must include the following:
1. Complainant’s name, contact information, and relationship to the School.
2. A statement that the School has violated a requirement of state law or regulation.
3. The date on which the violation occurred.
4. A description or explanation or the alleged violation.
5. The names and contact information of individuals who can provide additional information.
6. Copies of all applicable documents supporting the complainant’s allegations.
E. The complaint must be delivered electronically to Georgia Cyber Academy Board Counsel, Chris Adams, and Board Chair, Kenneth Tennyson:
Chris Adams, Esq.
Krevolin Horst
adams@khlawfirm.com
Kenneth Tennyson, Georgia Cyber Academy Board Chair: ktennyson@georgiacyber.org
F. For a complaint directed to the Board, within ten (10) business days of receipt of the complaint, the Board or Board Designee will issue a Letter of Acknowledgement to the complainant confirming that the complaint has been received and informing the complainant as to additional information needed, the ways in which the Board will investigate the complaint, and any other pertinent information. The complainant will promptly and in writing inform the Board of whether he or she will provide additional information and otherwise respond to the Board’s Letter of Acknowledgement.
If additional information or an investigation is necessary, the School, through the Board, will complete its investigation and issue a Letter of Findings within 60 calendar days of receiving all requested information from the complainant or notice that the complainant has provided all information of which he or she is aware.
If a violation has been found, the School, by and through the Board, will take corrective action as promptly as reasonably possible and in no event later than 60 days from the date of the Letter of Findings.
G. If the complaint is not resolved at the Board level, the complainant has the right to request review of the Board’s decision by the Georgia State Charter Schools Commission (“SCSC”). The Board will upon request provide the complainant with the information needed to request SCSC review.
Discrimination Notices
Discrimination Notices
Non-Discrimination Policy
Georgia Cyber Academy shall not discriminate in their educational programs, activities or employment practices based on race, color, national origin, sex, disability, age, religion, ancestry or any other legally protected classification. This policy is in accordance with state and federal laws, including Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990 and the Georgia Cyber Academy Human Relations Act.
GCA is committed to creating a safe, healthy learning environment for all students that enhances personal safety and encourages respect, dignity, and equality among students. GCA complies with the following laws:
Non-Discrimination
(Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Title II, Sec 504 of the Rehabilitation Act of 1973, Age Discrimination Act of 1975, The Americans with Disabilities Act of 1990, and the Boy Scouts of America Equal Access Act of 2001)
The Georgia Cyber Academy (GCA) Board of Directors is committed to providing a working and learning environment free from discrimination, harassment, intimidation and bullying.
In accordance with federal and state laws and local policy, the GCA Board of Directors prohibits the acts of discrimination, harassment, intimidation, bullying, and exclusion towards any individual on the basis of the individual's actual or perceived sex, sexual orientation, gender, gender identity, gender expression, race or ethnicity, ethnic group identification, ancestry, nationality, national origin, religion, color, mental or physical disability, age, alienage, veteran status, parental status, family status, or marital status in admission or access to its programs, facilities, services, activities, employment opportunities, or any aspect of operations. GCA provides equal access and opportunity to the Boy Scouts of America and other designated (outside) youth or community groups to meet on school premises or in school facilities, and prohibits discrimination, harassment, intimidation, bullying, and exclusion towards any individual or group officially affiliated with the Boy Scouts of America or other designated (outside) youth groups listed in Title 36 of the United States Code as a patriotic society.
If students and/or parents have concerns, then they should bring such concerns, in writing, to the attention of their grade band principal. If employees have concerns, then they should bring such concerns, in writing, to the attention of their immediate supervisor. The following persons have been designated to handle inquiries and concerns regarding the Board's non-discrimination policies:
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin.
Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex. Title IX also prohibits gender- based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.
The Age Discrimination Act of 1975 prohibits discrimination on the basis of age.
Title II of the Americans with Disabilities Act of 1990 prohibits discrimination on the basis of disability, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability.
GCA has designated the following individual to investigate alleged violations of Title VI, Title IX, Age Discrimination Act, Title II of the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973:
Nikki Perrilloux, Title IX Coordinator
1745 Phoenix Blvd., Suite 100, Atlanta, GA 30349
Office: 404-334-4790 Fax: 404-684-8816
GCA has designated the following individual to investigate alleged violations of Section 504 of the Rehabilitation Act of 1973 against students:
Gail Robertson, Instructional Support Services Director
1745 Phoenix Blvd., Suite 100, Atlanta, GA 30349
Office: 404-334-4790 Fax: 404-684-8816
Georgia Cyber Academy also complies with the Individuals with Disabilities Education Act ("IDEA").
GCA has designated the following individual to investigate alleged violations of Individuals with Disabilities Education Act ("IDEA"):
J. Brock Tarno
1745 Phoenix Blvd., Suite 100, Atlanta, GA 30349
Office: 404-334-4790 Fax: 404-684-8816
Under the Boy Scouts of America Equal Access Act, no public elementary school or state or local education agency that provides an opportunity for one or more outside youth or community groups to meet on school premises or in school facilities before or after school hours shall deny equal access or a fair opportunity to meet to, or discriminate against, any group officially affiliated with the Boy Scouts of America, or any other youth group listed in Title 36 of the United States Code as a patriotic society.
The following individual has been designated to investigate alleged violations of the Boy Scouts of America Equal Access Act:
Mike Kooi, Superintendent
1745 Phoenix Blvd., Suite 100, Atlanta, GA 30349
Office: 404-334-4790 Fax: 404-684-8816
REPORTING DISCRIMINATION
Any person who believes that he or she has been the victim of discrimination should report the alleged discrimination within thirty (30) days of the occurrence by:
- Fax
- Telephone
- Sending a letter by mail
- Filing a complaint in person
Once a complaint has been made, designated personnel will begin an investigation, track progress, and determine whether the alleged conduct constitutes a violation of Title VI, Title IX, Title II, Section 504, the Age Discrimination Act , or the Boy Scouts Equal Access Act, and take appropriate action.
For further information from the Office of Civil Rights (OCR) on notices of non-discrimination, call 1-800-421-3481 or visit the website for the address and phone number of the office that serves your area.