(1) As used in this regulation, "bullying, harassment, or intimidation" means intentional conduct, including verbal, physical, or written conduct or an intentional electronic communication that creates a hostile educational environment by substantially interfering with a student's educational benefits, opportunities, or performance, or with a student's physical or psychological well-being and is:

(i) Motivated by an actual or a perceived personal characteristic including race, national origin, marital status, sex, sexual orientation, gender identity, religion, ancestry, physical attributes, socioeconomic status, familial status, or physical or mental ability or disability;

(ii) Threatening or seriously intimidating;

(iii) Occurs in a school setting and/or with school property; and

(iv) Substantially disrupts the orderly operation of a school.

(2) Examples of bullying may include but are not limited to:

(i) Physical: hitting, kicking, pushing, shoving, getting another person to hurt someone;

(ii) Verbal: racial slurs, name-calling, teasing, taunting, verbal sexual harassment, gossiping, spreading rumors; or

(iii) Non-verbal: threatening, obscene gestures, isolation, exclusion, stalking, cyber-bullying (bullying that occurs by means of electronic communication).

(3) "Electronic communication" means a communication transmitted by means of an electronic device, including a telephone, cellular phone, computer, or page.

(4) "School setting" means in the school, on school grounds, in school vehicles, at a designated school bus stop or at any activity sponsored, supervised or sanctioned by the school.

(5) "School property" means the school computer or telephone and encompasses the use of electronic technology at a public school.

(1) Any student who believes that he or she is a victim of bullying should report the matter immediately to the building principal. If the student feels more comfortable speaking to someone other than the building principal, the student may inform any teacher, counselor or the vice principal. If the situation is not satisfactorily resolved by the building principal, the student or parent should contact the PSS Human Resources Director.

(2) There will be no retaliation against, or adverse treatment of any student who uses this procedure to resolve a concern when such complaint has been brought in the good faith belief that the complainant has been subjected to bullying.

(3) The responsible administrator shall follow up regularly with the complaining student to ensure that the bullying has stopped and that no retaliation has occurred.

(1) Any student who engages in bullying while on school property or while participating in school activities will be subject to disciplinary action, up to and including expulsion.

(2) Any employee who permits or engages in the bullying of students will be subject to disciplinary action, up to and including dismissal.

(3) Any employee who receives a complaint of bullying from a student and who does not act promptly to forward that complaint to the principal shall be disciplined appropriately.

(4) Any student who brings a false charge of bullying shall receive appropriate discipline.

(1) School activities on property owned, rented, leased, or otherwise occupied by the CNMI Board of Education, Public School System (PSS), or Commonwealth government;

(2) Any travel to and from the school site, whether on school buses, school vehicles, or during official school sanctioned trips;

(3) Off-site school sponsored activities;

(4) On or off-site school-related problems which are the result or cause of disruptive behavior on school grounds; or

(5) Violent acts or behavior that occur off school property, pose a threat to the safety of students and/or faculty, or disrupt the learning environment.

(1) Parents will be notified before detention so that transportation is arranged beforehand;

(2) The names of all students detained must be reported to the principal or designee.

(1) Searches of students shall only be conducted when a school official has reasonable suspicion predicated on one or more of the following:

(i) Reliable reports or information from credible sources made known to school officials. If the source is anonymous, the informant must show that the information has a relationship with the school or students so as to give it credibility.

(ii) Suspicious or evasive behavior suggesting violation of a school policy or law, or concealment of contraband, weapons or stolen property.

(iii) Observation of a student engaging in prohibited conduct or being in a restricted area.

(2) The more of these factors that are found, the greater the inference of reasonable suspicion. The school official may also take into account the student's history in the development of reasonable suspicion.

(1) The scope of the search conducted must be reasonably related to the objective sought and the evidence searched for. The search shall be no more intrusive than necessary to serve the school's legitimate objectives. In determining if the search is related to the objectives sought, the school official should consider:

(i) The nature and severity of the violation to determine the permissible amount of intrusion into the student's privacy rights.

(ii) The area to be searched so that it will be no more extensive than required to serve the school's legitimate objectives.

(iii) The time and place where the search is conducted so that it will be as close as possible to the time and place of the suspected violation.

(iv) The duration of the search so that it will be no longer than necessary to serve the school's legitimate objectives.

(2) Whenever reasonably possible the search should be conducted by school official who is the same sex as the student to be searched.

(1) "Mechanical Restraint": The use of a physical device to restrict the movement of a student or the movement or normal function of a portion of his or her body. A protective or stabilizing device ordered by a physician shall not be considered mechanical restraint.

(2) "Seclusion Restraint": Physically confining a student alone in a room or limited space without access to school staff. The use of "time out" procedures during which a staff member remains accessible to the student shall not be considered "seclusion restraint."

(3) "Chemical restraint": The administration of medication for the purpose of restraint.

(1) Non-physical interventions would not be effective; and

(2) The student's behavior poses a threat of imminent, serious, physical harm to self and/or others.

(1) As a means of punishment; or

(2) For the convenience of staff; or

(3) As a substitute for less restrictive alternatives; or

(4) As a response to property destruction, disruption of school order, a student's refusal to comply with a school rule or staff directive, or verbal threats that do not constitute a threat of imminent, serious, physical harm; or*

(1) The right of any individual to report to appropriate authorities a crime committed by a student or other individual;

(2) Law enforcement, judicial authorities, or school security personnel from exercising their responsibilities, including the physical detainment of a student or other person alleged to have committed a crime or posing a, security risk; or

(3) The exercise of an individual's responsibilities as a mandated reporter pursuant to BOE, CNMI and Federal regulation. These regulations shall not be used to deter any individual from reporting neglect or abuse to an appropriate public agency.

(1) No restraint shall be administered in such a way that the student is prevented from breathing or speaking. During the administration of a restraint, a staff member shall continuously monitor the physical status of the student, including skin color and respiration. A restraint shall be released immediately upon a determination by the staff member administering the restraint that the student is no longer at risk of causing imminent physical harm to him or herself or others.

(2) Restraint shall be administered in such a way so as to prevent or minimize physical harm. If, at any time during a physical restraint, the student demonstrates significant physical distress, the student shall be released from the restraint immediately, and school staff shall take steps to seek medical assistance.

(3) Program staff shall review and consider any known medical or psychological limitations and/or behavioral intervention plans regarding the use of physical restraint on an individual student.

(4) Following the release of a student from a restraint, the program shall implement followup procedures. These procedures shall include reviewing the incident with the student to address the behavior that precipitated the restraint, reviewing the incident with the staff person(s) who administered the restraint to discuss whether proper restraint procedures were followed, and consideration of whether any follow-up is appropriate for students who witnessed the incident.

(1) PSS staff shall report the use of physical restraint after administration of a physical restraint that results in any injury to a student or staff member, or any physical restraint of duration longer than five minutes.

(1) The PSS staff who administered the restraint shall verbally inform the administration of the restraint as soon as possible and by written report no later than the next school working day.

(2) The written report shall be provided to the principal or his/her designee, except that the principal or director shall prepare the report if the principal or director has administered the restraint

(3) The principal or director or his/her designee shall maintain an on-going record of all reported instances of physical restraint.

(1) The principal or his/her designee shall verbally inform the student's parents or guardians of the restraint as soon as possible, and by written report no later than three school working days following the use of restraint.

(1) The names and job titles of the staff who administered the restraint, and observers, if any; the date of the restraint; the time the restraint began and ended; and the name of the administrator who was verbally informed following the restraint.

(2) A description of the activity in which the restrained student and other students and staff in the same room or vicinity were engaged immediately preceding the use of physical restraint; the behavior that prompted the restraint; the efforts made to de-escalate the situation; alternatives to restraint that were attempted; and the justification for initiating physical restraint.

(3) A description of the administration of the restraint including the holds used and reasons such holds were necessary; the student's behavior and reactions during the restraint; how the restraint ended; and documentation of injury to the student and/or staff, if any, during the restraint and any medical care provided.

(4) For extended restraints, the written report shall describe the alternatives to extended restraint that were attempted, the outcome of those efforts, and the justification for administering the extended restraint.

(5) Information regarding any further action(s) that the school has taken or may take, including any disciplinary sanctions that may be imposed on the student.

(6) Information regarding opportunities for the student's parents or guardians to discuss with school officials the administration of the restraint, any disciplinary sanctions that may be imposed on the student, and/or any other related matter.

(1) Academic dishonesty (cheating on tests, copying term papers, forging signature of teacher or parent);

(2) Disrespect to teacher/staff;

(3) Gambling;

(4) Harassment, including, but not limited to, nuisance phone calls to students or staff members; continued comments or passing unofficial notes to another individual who wishes not to hear or receive the notes;

(5) Igniting matches (when not part of the instructional program);

(6) Refusing to cooperate with school transportation regulations;

(7) Refusing to cooperate with school rules and regulations;

(8) Refusing to serve detention;

(9) Tardiness (class/classes);

(10) Tardiness (school day);

(11) Truancy (class/classes);

(12) Truancy (school day);

(13) Possession and/or use of tobacco or cigarette rolling papers;

(14) Possession and/or distribution of drug paraphernalia;

(15) Excessive foul or abusive language;

(16) Possession and/or distribution of pornography;

(17) Failure to assume responsibility for, or to control his/her behavior.

(1) Assualt on a student;

(2) Chronic disruption of the school program and/or activities;

(3) Bullying:

(i) Physical–includes hitting, kicking, tripping, pinching, and pushing, or damaging property;

(ii) Verbal–includes name calling, insults, teasing, intimidation, homophobic or racist remarks, or verbal abuse;

(iii) Social–includes:

(A) Lying and spreading rumors;

(B) Negative facial or physical gestures, menacing or contemptuous looks;

(C) Playing nasty jokes to embarrass and humiliate;

(D) Mimicking unkindly;

(E) Encouraging others to socially exclude another;

(F) Damaging someone's social reputation or social acceptance.

(iv) Cyber–includes:

(A) Abusive or hurtful texts, emails or posts, images or videos;

(B) Deliberately excluding others online;

(C) Nasty gossip or rumors;

(D) Identity theft: imitating others online or accessing their content.

(4) Possession and/or use of electronic devices are prohibited without prior and written approval from the school principal;

(5) Destruction and vandalism of school property, personal property of students and/or faculty;

(6) Receipt, sale, possession, or distribution of property stolen from CNMI Public School System valued less than $300;

(7) Distribution, attempt to distribute, or possession with intent to distribute a non-controlled substance upon the representation that the substance is a controlled substance;

(8) Extortion less than $300;

(9) False fire alarm/false fire report;

(10) Harrasment for any reason including, but not limited to, sex, sexual orientation, color, race, religion, national origin, and disability;

(11) Indecent exposure;

(12) Participating in, or inciting, a school disruption;

(13) Possession and/or detonation of an incendiary or explosive material and/or device (firecracker or greater);

(14) Possession, use, or distribution of controlled substance-related paraphernalia (other than betel nut or cigarette rolling papers (see category I));

(15) Theft and/or knowingly possessing stolen property;

(16) Trespassing on school property;

(17) Possession and/or use of tobacco or cigratte rolling paper, repeated offense;

(18) Posession and/or use of betel nut (pugua) and/or betel nut paraphernalia, repeated offense;

(19) Fighting;

(20) Conspiracy involving two or more persons to commit a category II offense;

(21) Arson;

(22) Conspiracy between two or more persons to commit a category III offense;

(23) Destruction and/or vandalism of school property, personal property of students and/or faculty valued at more than $300;

(24) Receiving, selling, possessing, or distributing property stolen from the CNMI Public School System valued at $300 or more;

(25) Distribution and/or sale of alcohol;

(26) Distribution and/or sale of controlled substances (illegal drugs), excluding betel nut;

(27) Possession or use of a weapon or look alike weapon of any kind (other than a firearm) including, but not limited to, knives, throwing star, straight razor, nunchaku, spiked glove, spiked wristband, or any mace, tear gas, or pepper-spray derivative. Mace, tear gas, and peper-spray derivatives may be carried with prior, written approval from the Commissioner of Education;

(28) Extortion of $300 or more;

(29) Possession of alcohol;

(30) Possession of illegal drugs, including betel nut;

(31) Prescription violation (misuse of properly prescribed medicine including, but not limited to, such drugs as amphetamines and barbiturates). Possession of prescription drugs without prior authorization for prescribing medication (office policy);

(32) Robbery;

(33) Use of alcohol, under the influence of alcohol, or showing evidence of having consumed alcohol;

(34) Use of intoxicants which cause a loss of self-control or inebriation which include, but are not limited to, glue and solvents, excluding betel nut;

(35) Violent behavior which creates a substantial danger to persons or property;

(36) Any crime that is designated a felony by CNMI or federal statutes.

(1) Possession, use, purchase, or sale of a firearm;

(i) A firearm is defined as:

(A) Any weapon which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive; or

(B) The frame or receiver of any weapon which will, or is designed to or may be readily converted to expel a projectile by the action of an explosive.

(2) Acts of terrorism (such as bomb threats);

(3) Fraud and/or identity theft.

(1) Shall wear, possess, use, distribute, display, or sell any clothing, jewelry, emblem, badge, symbol, sign, or other things, which are evidence of membership or affiliation in any gang.

(2) Shall commit any act or omission or use any speech either verbal or nonverbal (gestures, handshakes, etc.) showing membership or affiliation in a gang.

(3) Shall use any speech or commit any act or omission in furtherance of the interests of any gang or gang activity, including but not limited to:

(i) Soliciting others for membership in any gangs.

(ii) Requesting any person to pay protection or otherwise intimidating or threatening any person.

(iii) Committing any other illegal act or other violation of school PSS policies.

(iv) Inciting other students to act with physical violence upon any other person.

(1) Provide in-service for staff in gang recognition and special workshops for counselors in the event that gangs become a problem at the schools.

(2) Ensure that all students have access to counselors.

(3) Work closely with the local law enforcement authorities and county juvenile officers who work with students and parents/ guardians involved in gang activity.

(4) Provide classroom or after-school programs designed to enhance individual self-esteem and foster interest in a variety of wholesome activities.

(1) The Public School System's intent to suspend the student for more than ten days or to expel the student;

(2) The charges that necessitate the suspension or expulsion;

(3) That a full and fair hearing will be held before an impartial adjudicator if requested, in writing, within ten days of notification; and

(4) Failure to request a hearing, in writing, within ten school days after being notified of the Public School System's intention to suspend or expel the student shall constitute a waiver of the right to a hearing.

(1) The place, date and time of the proposed hearing (allowing sufficient time for a defense to be prepared);

(2) The student's right to legal counsel at his/her own expense;

(3) That the student will be given the opportunity to present evidence at the hearing including the testimony of witnesses;

(4) That the student will be given the opportunity to cross-examine opposing witnesses at the hearing; and

(5) The availability of a written record of the hearing. This section shall not be construed to prohibit the use of a recording device to record the hearing.

(2) Participants in such pre-admission conferences will include:(i) Any teacher directly involved in the suspension offense.

(ii) The student

(iii) The parent/guardian.

(iv) The representative of any agency having legal jurisdiction, care, custody, or control of the student.

(v) PSS staff members designated by the Commissioner/ designee

(1) The student has been convicted of one of the offenses listed below.

(2) The student been charged with one of the offenses and there has been no final judgment.

(3) A juvenile petition has been filed alleging that the student committed an act, which if committed by an adult, would be one of the offenses listed below, and there has been no final judgment; or

(4) The student has been adjudicated to have committed an act, which if committed by an adult, would be one of the offenses listed below.

(1) First degree murder under the laws of the CNMI

(2) Second degree murder under the laws of the CNMI

(3) First degree assault under the laws of the CNMI

(4) Forcible rape under the laws of the CNMI

(5) Forcible sodomy under the laws of the CNMI

(6) Robbery in the first degree under the laws of the CNMI

(7) Distribution of drugs to a minor under the laws of the CNMI

(8) Arson under the laws of the CNMI

(9) Kidnapping under the laws of the CNMI.

(2) Student denied enrollment because of conviction of one of the acts set out in this section or due to an existing suspension or expulsion from another school will be advised of the reasons for denial of enrollment and will be given an opportunity to respond to those reasons.

(1) ADI is an alternative high school program. The purpose of ADI is to allow students aged sixteen and older, who have not completed high school, to achieve success by making a positive connection with academic and vocational training, employers and work, mentors and tutors, families and community in an atmosphere that is welcoming, comfortable and sensitive to their individual needs, skills and learning styles. ADI teaches students to develop their critical, creative, communication and occupational skills through course offerings including reading and writing, consumer economics, health, government and law, occupational knowledge, and community resources. Graduates of ADI move into the private and public workforce with the skills necessary to achieve success.

(2) The CNMI Board of Education is authorized by law and Board regulations to award diplomas for secondary education. Graduates of ADI must complete two phases to receive an alternative high school diploma. The first phase consists of the ADI academic courses, including English, math, community resources, consumer economics, government and law, occupational knowledge and health. Five academic courses in the first phase must be passed. The second phase requires the students to gain career experience through a vocational or occupational program at a post-secondary institution or by working or volunteering in the community.

(3) A minimum of ninety minutes of daily instructional time shall be provided to students in the alternative high school program of ADI. The subjects are the academic courses in the first phase listed above. Any departure from the time and/or subject requirements will require express prior approval from the Commissioner of Education that is subject to Board review upon request.

(16) within 1,000 feet of any higher education institution or early childhood development facility, elementary or secondary school facility, except for security personnel given express permission to carry a firearm;

(a) Category I _ Examples of offenses which may result in suspension:

(1) Academic dishonesty (cheating on tests, copying term papers, forging signature of teacher or parent);

(2) Disrespect to teacher/staff;

(3) Gambling;

(4) Harassment, including, but not limited to, nuisance phone calls to students or staff members; continued comments or passing unofficial notes to another individual who wishes not to hear or receive the notes;

(5) Igniting matches (when not part of the instructional program);

(6) Refusing to cooperate with school transportation regulations;

(7) Refusing to cooperate with school rules and regulations;

(8) Refusing to serve detention;

(9) Tardiness (class/classes);

(10) Tardiness (school day);

(11) Truancy (class/classes);

(12) Truancy (school day);

(13) Possession and/or use of tobacco or cigarette rolling papers;

(14) Possession and/or distribution of drug paraphernalia;

(15) Excessive foul or abusive language;

(16) Possession and/or distribution of pornography;

(17) Failure to assume responsibility for, or to control his/her behavior.

(b) Category II _ Examples of offenses for which the student will normally be suspended and which may result in expulsion and referral to law enforcement:

(1) Assualt on a student;

(2) Chronic disruption of the school program and/or activities;

(3) Bullying:

(i) Physical–includes hitting, kicking, tripping, pinching, and pushing, or damaging property;

(ii) Verbal–includes name calling, insults, teasing, intimidation, homophobic or racist remarks, or verbal abuse;

(iii) Social–includes:

(A) Lying and spreading rumors;

(B) Negative facial or physical gestures, menacing or contemptuous looks;

(C) Playing nasty jokes to embarrass and humiliate;

(D) Mimicking unkindly;

(E) Encouraging others to socially exclude another;

(F) Damaging someone's social reputation or social acceptance.

(iv) Cyber–includes:

(A) Abusive or hurtful texts, emails or posts, images or videos;

(B) Deliberately excluding others online;

(C) Nasty gossip or rumors;

(D) Identity theft: imitating others online or accessing their content.

(4) Possession and/or use of electronic devices are prohibited without prior and written approval from the school principal;

(5) Destruction and vandalism of school property, personal property of students and/or faculty;

(6) Receipt, sale, possession, or distribution of property stolen from CNMI Public School System valued less than $300;

(7) Distribution, attempt to distribute, or possession with intent to distribute a non-controlled substance upon the representation that the substance is a controlled substance;

(8) Extortion less than $300;

(9) False fire alarm/false fire report;

(10) Harrasment for any reason including, but not limited to, sex, sexual orientation, color, race, religion, national origin, and disability;

(11) Indecent exposure;

(12) Participating in, or inciting, a school disruption;

(13) Possession and/or detonation of an incendiary or explosive material and/or device (firecracker or greater);

(14) Possession, use, or distribution of controlled substance-related paraphernalia (other than betel nut or cigarette rolling papers (see category I));

(15) Theft and/or knowingly possessing stolen property;

(16) Trespassing on school property;

(17) Possession and/or use of tobacco or cigratte rolling paper, repeated offense;

(18) Posession and/or use of betel nut (pugua) and/or betel nut paraphernalia, repeated offense;

(19) Fighting;

(20) Conspiracy involving two or more persons to commit a category II offense;

(21) Arson;

(22) Conspiracy between two or more persons to commit a category III offense;

(23) Destruction and/or vandalism of school property, personal property of students and/or faculty valued at more than $300;

(24) Receiving, selling, possessing, or distributing property stolen from the CNMI Public School System valued at $300 or more;

(25) Distribution and/or sale of alcohol;

(26) Distribution and/or sale of controlled substances (illegal drugs), excluding betel nut;

(27) Possession or use of a weapon or look alike weapon of any kind (other than a firearm) including, but not limited to, knives, throwing star, straight razor, nunchaku, spiked glove, spiked wristband, or any mace, tear gas, or pepper-spray derivative. Mace, tear gas, and peper-spray derivatives may be carried with prior, written approval from the Commissioner of Education;

(28) Extortion of $300 or more;

(29) Possession of alcohol;

(30) Possession of illegal drugs, including betel nut;

(31) Prescription violation (misuse of properly prescribed medicine including, but not limited to, such drugs as amphetamines and barbiturates). Possession of prescription drugs without prior authorization for prescribing medication (office policy);

(32) Robbery;

(33) Use of alcohol, under the influence of alcohol, or showing evidence of having consumed alcohol;

(34) Use of intoxicants which cause a loss of self-control or inebriation which include, but are not limited to, glue and solvents, excluding betel nut;

(35) Violent behavior which creates a substantial danger to persons or property;

(36) Any crime that is designated a felony by CNMI or federal statutes.

(c) Category III _ Offenses which shall result in expulsion and referral to law enforcement:

(1) Possession, use, purchase, or sale of a firearm;

(i) A firearm is defined as:

(A) Any weapon which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive; or

(B) The frame or receiver of any weapon which will, or is designed to or may be readily converted to expel a projectile by the action of an explosive.

(2) Acts of terrorism (such as bomb threats);

(3) Fraud and/or identity theft.

(1) Academic dishonesty (cheating on tests, copying term papers, forging signature of teacher or parent);

(2) Disrespect to teacher/staff;

(3) Gambling;

(4) Harassment, including, but not limited to, nuisance phone calls to students or staff members; continued comments or passing unofficial notes to another individual who wishes not to hear or receive the notes;

(5) Igniting matches (when not part of the instructional program);

(6) Refusing to cooperate with school transportation regulations;

(7) Refusing to cooperate with school rules and regulations;

(8) Refusing to serve detention;

(9) Tardiness (class/classes);

(10) Tardiness (school day);

(11) Truancy (class/classes);

(12) Truancy (school day);

(13) Possession and/or use of tobacco or cigarette rolling papers;

(14) Possession and/or distribution of drug paraphernalia;

(15) Excessive foul or abusive language;

(16) Possession and/or distribution of pornography;

(17) Failure to assume responsibility for, or to control his/her behavior.

(1) Assualt on a student;

(2) Chronic disruption of the school program and/or activities;

(3) Bullying:

(i) Physical–includes hitting, kicking, tripping, pinching, and pushing, or damaging property;

(ii) Verbal–includes name calling, insults, teasing, intimidation, homophobic or racist remarks, or verbal abuse;

(iii) Social–includes:

(A) Lying and spreading rumors;

(B) Negative facial or physical gestures, menacing or contemptuous looks;

(C) Playing nasty jokes to embarrass and humiliate;

(D) Mimicking unkindly;

(E) Encouraging others to socially exclude another;

(F) Damaging someone's social reputation or social acceptance.

(iv) Cyber–includes:

(A) Abusive or hurtful texts, emails or posts, images or videos;

(B) Deliberately excluding others online;

(C) Nasty gossip or rumors;

(D) Identity theft: imitating others online or accessing their content.

(4) Possession and/or use of electronic devices are prohibited without prior and written approval from the school principal;

(5) Destruction and vandalism of school property, personal property of students and/or faculty;

(6) Receipt, sale, possession, or distribution of property stolen from CNMI Public School System valued less than $300;

(7) Distribution, attempt to distribute, or possession with intent to distribute a non-controlled substance upon the representation that the substance is a controlled substance;

(8) Extortion less than $300;

(9) False fire alarm/false fire report;

(10) Harrasment for any reason including, but not limited to, sex, sexual orientation, color, race, religion, national origin, and disability;

(11) Indecent exposure;

(12) Participating in, or inciting, a school disruption;

(13) Possession and/or detonation of an incendiary or explosive material and/or device (firecracker or greater);

(14) Possession, use, or distribution of controlled substance-related paraphernalia (other than betel nut or cigarette rolling papers (see category I));

(15) Theft and/or knowingly possessing stolen property;

(16) Trespassing on school property;

(17) Possession and/or use of tobacco or cigratte rolling paper, repeated offense;

(18) Posession and/or use of betel nut (pugua) and/or betel nut paraphernalia, repeated offense;

(19) Fighting;

(20) Conspiracy involving two or more persons to commit a category II offense;

(21) Arson;

(22) Conspiracy between two or more persons to commit a category III offense;

(23) Destruction and/or vandalism of school property, personal property of students and/or faculty valued at more than $300;

(24) Receiving, selling, possessing, or distributing property stolen from the CNMI Public School System valued at $300 or more;

(25) Distribution and/or sale of alcohol;

(26) Distribution and/or sale of controlled substances (illegal drugs), excluding betel nut;

(27) Possession or use of a weapon or look alike weapon of any kind (other than a firearm) including, but not limited to, knives, throwing star, straight razor, nunchaku, spiked glove, spiked wristband, or any mace, tear gas, or pepper-spray derivative. Mace, tear gas, and peper-spray derivatives may be carried with prior, written approval from the Commissioner of Education;

(28) Extortion of $300 or more;

(29) Possession of alcohol;

(30) Possession of illegal drugs, including betel nut;

(31) Prescription violation (misuse of properly prescribed medicine including, but not limited to, such drugs as amphetamines and barbiturates). Possession of prescription drugs without prior authorization for prescribing medication (office policy);

(32) Robbery;

(33) Use of alcohol, under the influence of alcohol, or showing evidence of having consumed alcohol;

(34) Use of intoxicants which cause a loss of self-control or inebriation which include, but are not limited to, glue and solvents, excluding betel nut;

(35) Violent behavior which creates a substantial danger to persons or property;

(36) Any crime that is designated a felony by CNMI or federal statutes.

(1) Possession, use, purchase, or sale of a firearm;

(i) A firearm is defined as:

(A) Any weapon which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive; or

(B) The frame or receiver of any weapon which will, or is designed to or may be readily converted to expel a projectile by the action of an explosive.

(2) Acts of terrorism (such as bomb threats);

(3) Fraud and/or identity theft.

(1) the Public School System;

(2) the Coalition of Private Schools, CNMI or any successor organization recognized by the Board of Education;

(3) the Juvenile Probation Unit of DYS;

(4) the Child Protective Unit of DYS; and

(5) the Department of Public Safety (DPS).

(1) proposing, promoting and providing alternatives to the juvenile justice system, where possible;

(2) addressing matters regarding an individual juvenile's truancy, failure to regularly attend school in accordance with school policies and regulations, or insubordinate or disorderly behavior;

(3) setting and conducting meetings with juveniles and/or their parents to discuss consequences of the student's truancy and/or behavior and establish terms, conditions and options to reduce and eliminate the truancy of the student and improve his or her attendance. The meeting format shall be that of mediation and not adversarial; and

(4) referring juveniles and their families to other agencies, such as Community Guidance Center, DYS, DPS and the Attorney General's Office for services or action, as appropriate.

(1) The juvenile;

(2) The juvenile's parents, guardians, or other person having control of the juvenile;

(3) The school authority referring the juvenile; and

(4) Any other person who has pertinent or material information concerning the juvenile. The purpose of any meeting under this section is to establish and agree upon terms, conditions and options to reduce and eliminate the truancy of the student. The meeting format shall be that of mediation and not adversarial.

(1) Education in public schools

(2) Adult education

(3) Vocational training, including on-the-job training

(4) Bilingual and bicultural education programs

(5) Supervision of all educational programs funded in whole or in part by the Department of Education

(6) Special cultural programs and seminars

(7) Enforcement of standards of attendance and laws pertaining to compulsory attendance

(8) The licensing or certification of teachers and teacher aides

(9) The performance of any and all other duties required or permitted by law.

(1) To establish and maintain schools and classes to meet the needs of pupils of the Northern Mariana Islands in grades one through twelve, and such adult classes as it deems necessary

(2) To adopt textbooks and courses of study consistent with the needs of students upon the recommendations of the professional staff through the Superintendent of Education

(3) To require proper accounting for receipts and expenditures and to provide for an annual audit as required by law

(4) To authorize the expenditure of funds of the Department of Education

(5) To determine the building needs of the school system, provide for the construction of school buildings and approve the plans for the buildings

(6) To establish the certification standards for all professional positions within the Department

(7) To develop long-range plans for the orderly growth of the school system

(8) To appraise and review its policies and actions and the program of education and the performance of the staff

(9) To ratify administrative procedures promulgated by the Superintendent for the purpose of implementing Board policy.

(1) Secondary school students (grades 6-12) who incur thirteen or more unexcused absences in a course during one semester shall be considered excessively absent and shall not receive a passing grade for that course for that semester. Students under block scheduling who incur seven or more unexcused absences during a term shall be considered excessively absent and shall not receive a passing grade for that course during that term.

(2) Secondary students who do not receive a passing grade for a semester as a result of excessive absences shall receive a "no credit" (NC or 0.00) on their academic record, irrespective of the grade the student would have received before the excessive absences. The course must be repeated and the no credit may be deleted only upon successful completion of the repeated course.

(3) Elementary school students with 25 or more absences in a school year will not receive credit and will not be promoted, unless an exemption is granted by the Commissioner.

(1) The term tardy is defined as being late to school, class or an activity with or without permission of parent/guardian. A student is considered tardy if he/she arrives after the designated time of the class or activity, regardless of how late the student is.

(2) A student who misses more than half of a class or activity shall be considered absent for the entire class or activity.

(3) For secondary school students, every third unexcused tardy shall be considered one unexcused absence within the term/semester the tardies occurred.

(4) For elementary school students, every third unexcused tardy of 10 minutes or greater shall be considered one unexcused absence within the term/semester the tardies occurred.

(1) Upon the first referral by a teacher, the administrator should attempt to determine the nature of the problem, inform the student and the student's parent/guardian of the absence and tardy policy and regulation.

(2) The teacher must refer the student to a school administrator and a parent conference must be held to discuss the problem and to explain the Board regulations and any appropriate discipline alternatives under the following circumstances:

(i) Under block scheduling, after the third unexcused absence or sixth tardy in a quarter.

(ii) For secondary schools without block scheduling, after the sixth tardy or sixth unexcused absence in a semester.

(iii) For elementary schools, after the sixth tardy in a semester or the sixth unexcused absence in a semester.

(3) In addition to counseling after teacher referrals, principals shall require doctor's excuses for absences in the following circumstances, unless a waiver for the absence is obtained from the school principal:

(i) Under block scheduling, a doctor's excuse will be required for any absence after the third in a term.

(ii) For secondary schools without block scheduling, a doctor's excuse will be required for any absence after the sixth in a semester.

(iii) For elementary schools, a doctor's excuse will be required for any absence after the sixth in a semester.

(1) The principal upon receiving a report from a teacher that a student has accumulated two unexplained absence shall immediately provide counseling to the truant student and promptly issue a truancy report to the student's parent/guardian with a copy provided to the Commissioner of Education. The report shall include recommendation(s) by the school prescribing corrective measures for parent/guardian and student. Any repeated truancy by the student shall be reported to the Division of Youth Services, Community and Cultural Affairs Offices for counseling and other necessary actions, and parent-teacher conferences may also be held.

(2) The Division of Youth Services shall have access to student records with or without prior parent/guardian approval as stated in § 60-20-428. However, such privilege is limited only to the particular caseworker and/or counselor assigned to the case.

(3) All communication with a student's parent/guardian and student contact and reports from referral agencies must be accurately recorded in writing and filed in the student's cumulative folder.

(1) Commonwealth law requires that any parent, guardian or other person responsible for a child between the age of six and sixteen shall send the child to a public or nonpublic* unless the Commissioner of Education grants a waiver. 3 CMC § 1141.

(2) Educational neglect may be defined as when a person who is responsible for a child six through sixteen who through willful or negligent act or omission fails to provide the child with adequate supervision to ensure attendance at school. Individuals who commit educational neglect are subject to criminal prosecution in accordance with the law.

(3) School employees who suspect that a child is subject to educational neglect shall report this as soon as possible to the principal/designee.

(4) The principal/designee shall review the report and confer with the parent/guardian to resolve the situation. When appropriate, a school counselor, social worker, or nurse may be instructed to offer any appropriate social or health services.

(5) If appropriate school intervention does not correct the student's truancy, and reasonable cause for educational neglect has been determined, the principal/ designee shall call the Division of Youth Services and report the alleged child educational neglect. A report of this call shall be forwarded to the Commissioner and carbon copied to PSS legal counsel.

(1) Academic dishonesty (cheating on tests, copying term papers, forging signature of teacher or parent);

(2) Disrespect to teacher/staff;

(3) Gambling;

(4) Harassment, including, but not limited to, nuisance phone calls to students or staff members; continued comments or passing unofficial notes to another individual who wishes not to hear or receive the notes;

(5) Igniting matches (when not part of the instructional program);

(6) Refusing to cooperate with school transportation regulations;

(7) Refusing to cooperate with school rules and regulations;

(8) Refusing to serve detention;

(9) Tardiness (class/classes);

(10) Tardiness (school day);

(11) Truancy (class/classes);

(12) Truancy (school day);

(13) Possession and/or use of tobacco or cigarette rolling papers;

(14) Possession and/or distribution of drug paraphernalia;

(15) Excessive foul or abusive language;

(16) Possession and/or distribution of pornography;

(17) Failure to assume responsibility for, or to control his/her behavior.

(1) Assualt on a student;

(2) Chronic disruption of the school program and/or activities;

(3) Bullying:

(i) Physical–includes hitting, kicking, tripping, pinching, and pushing, or damaging property;

(ii) Verbal–includes name calling, insults, teasing, intimidation, homophobic or racist remarks, or verbal abuse;

(iii) Social–includes:

(A) Lying and spreading rumors;

(B) Negative facial or physical gestures, menacing or contemptuous looks;

(C) Playing nasty jokes to embarrass and humiliate;

(D) Mimicking unkindly;

(E) Encouraging others to socially exclude another;

(F) Damaging someone's social reputation or social acceptance.

(iv) Cyber–includes:

(A) Abusive or hurtful texts, emails or posts, images or videos;

(B) Deliberately excluding others online;

(C) Nasty gossip or rumors;

(D) Identity theft: imitating others online or accessing their content.

(4) Possession and/or use of electronic devices are prohibited without prior and written approval from the school principal;

(5) Destruction and vandalism of school property, personal property of students and/or faculty;

(6) Receipt, sale, possession, or distribution of property stolen from CNMI Public School System valued less than $300;

(7) Distribution, attempt to distribute, or possession with intent to distribute a non-controlled substance upon the representation that the substance is a controlled substance;

(8) Extortion less than $300;

(9) False fire alarm/false fire report;

(10) Harrasment for any reason including, but not limited to, sex, sexual orientation, color, race, religion, national origin, and disability;

(11) Indecent exposure;

(12) Participating in, or inciting, a school disruption;

(13) Possession and/or detonation of an incendiary or explosive material and/or device (firecracker or greater);

(14) Possession, use, or distribution of controlled substance-related paraphernalia (other than betel nut or cigarette rolling papers (see category I));

(15) Theft and/or knowingly possessing stolen property;

(16) Trespassing on school property;

(17) Possession and/or use of tobacco or cigratte rolling paper, repeated offense;

(18) Posession and/or use of betel nut (pugua) and/or betel nut paraphernalia, repeated offense;

(19) Fighting;

(20) Conspiracy involving two or more persons to commit a category II offense;

(21) Arson;

(22) Conspiracy between two or more persons to commit a category III offense;

(23) Destruction and/or vandalism of school property, personal property of students and/or faculty valued at more than $300;

(24) Receiving, selling, possessing, or distributing property stolen from the CNMI Public School System valued at $300 or more;

(25) Distribution and/or sale of alcohol;

(26) Distribution and/or sale of controlled substances (illegal drugs), excluding betel nut;

(27) Possession or use of a weapon or look alike weapon of any kind (other than a firearm) including, but not limited to, knives, throwing star, straight razor, nunchaku, spiked glove, spiked wristband, or any mace, tear gas, or pepper-spray derivative. Mace, tear gas, and peper-spray derivatives may be carried with prior, written approval from the Commissioner of Education;

(28) Extortion of $300 or more;

(29) Possession of alcohol;

(30) Possession of illegal drugs, including betel nut;

(31) Prescription violation (misuse of properly prescribed medicine including, but not limited to, such drugs as amphetamines and barbiturates). Possession of prescription drugs without prior authorization for prescribing medication (office policy);

(32) Robbery;

(33) Use of alcohol, under the influence of alcohol, or showing evidence of having consumed alcohol;

(34) Use of intoxicants which cause a loss of self-control or inebriation which include, but are not limited to, glue and solvents, excluding betel nut;

(35) Violent behavior which creates a substantial danger to persons or property;

(36) Any crime that is designated a felony by CNMI or federal statutes.

(1) Possession, use, purchase, or sale of a firearm;

(i) A firearm is defined as:

(A) Any weapon which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive; or

(B) The frame or receiver of any weapon which will, or is designed to or may be readily converted to expel a projectile by the action of an explosive.

(2) Acts of terrorism (such as bomb threats);

(3) Fraud and/or identity theft.

(a) Category I _ Examples of offenses which may result in suspension:

(13) Possession and/or use of tobacco or cigarette rolling papers;

(14) Possession and/or distribution of drug paraphernalia; [...]

(b) Category II _ Examples of offenses for which the student will normally be suspended and which may result in expulsion and referral to law enforcement:

(7) Distribution, attempt to distribute, or possession with intent to distribute a non-controlled substance upon the representation that the substance is a controlled substance; [...]

(14) Possession, use, or distribution of controlled substance-related paraphernalia (other than betel nut or cigarette rolling papers (see category I)); [...]

(29) Possession of alcohol;

(30) Possession of illegal drugs, including betel nut.

(1) Attire and appearance that promotes gang affiliations;

(2) Attire and appearance which promotes the use of drugs, alcohol or weapons;

(3) Attire and appearance that presents a hazard to the student's safety or the safety of other students or staff;

(4) Attire and appearance which advocates prejudice;

(5) Attire and appearance that causes a material and substantial disruption of the learning process;

(6) Provocative clothing which draws undue attention to themselves, thus disrupting the educational process.

(1) Shall wear, possess, use, distribute, display, or sell any clothing, jewelry, emblem, badge, symbol, sign, or other things, which are evidence of membership or affiliation in any gang.

(2) Shall commit any act or omission or use any speech either verbal or nonverbal (gestures, handshakes, etc.) showing membership or affiliation in a gang.

(3) Shall use any speech or commit any act or omission in furtherance of the interests of any gang or gang activity, including but not limited to:

(i) Soliciting others for membership in any gangs.

(ii) Requesting any person to pay protection or otherwise intimidating or threatening any person.

(iii) Committing any other illegal act or other violation of school PSS policies.

(iv) Inciting other students to act with physical violence upon any other person.

(1) Provide in-service for staff in gang recognition and special workshops for counselors in the event that gangs become a problem at the schools.

(2) Ensure that all students have access to counselors.

(3) Work closely with the local law enforcement authorities and county juvenile officers who work with students and parents/ guardians involved in gang activity.

(4) Provide classroom or after-school programs designed to enhance individual self-esteem and foster interest in a variety of wholesome activities.

(1) Discrimination is the singling out of a person or persons for different treatment, regardless whether good or bad, based on the factors listed above. Discrimination includes not only the creation of a hostile environment, but also favoritism based on any of these factors. Simply put, students and employees are required to treat all persons equally.

(2) Harassment may be defined as abusive behavior or other verbal or physical conduct towards a person based on that person's sex, sexual orientation, race, creed, color, religion, national origin, age, cultural or socio-economic status or disabling condition which has the purpose or effect of creating an intimidating, hostile or offensive environment that interferes with a student's participation in or receipt of benefits, services or opportunities in a school's programs and activities. Examples of harassment include, but are not limited to, jokes, comments, slurs, epithets and disparaging remarks.

(1) Any student who believes that he or she is a victim of discrimination or harassment should report the matter immediately to the building principal. If the student feels more comfortable speaking to someone other than the building principal, the student may inform any teacher, counselor or the vice principal. If the situation is not satisfactorily resolved by the building principal, the student or parent should contact the PSS Human Resources Director.

(2) Students, parents and employees should review § 60-20-402 for more information regarding sexual harassment and follow the procedures set forth in § 60-20-402 to address discrimination or harassment of any kind on the basis of race, creed, religion, color, sex, sexual orientation, national origin, age, cultural or socioeconomic status or disabling condition.

(3) There will be no retaliation against, or adverse treatment of any student who uses this procedure to resolve a concern when such complaint has been brought in the good faith belief that the complainant has been subjected to discrimination or harassment.

(4) The responsible administrator shall follow up regularly with the complaining student to ensure that the discrimination and/or harassment has stopped and that no retaliation has occurred.

(1) Any student who engages in discrimination and/or harassment while on school property or while participating in school activities will be subject to disciplinary action, up to and including expulsion.

(2) Any employee who permits or engages in the discrimination and/or harassment of students will be subject to disciplinary action, up to and including dismissal.

(3) Any employee who receives a complaint of discrimination and/or harassment from a student and who does not act promptly to forward that complaint to the principal shall be disciplined appropriately.

(4) Any student who brings a false charge of discrimination and/or harassment shall receive appropriate discipline. The term "false charge" means charges brought in bad faith, that is, without the good faith belief that one has been subjected to sexual harassment. The term "false charge" does not include a charge that was brought be good faith but which the PSS was unable to substantiate.

(1) As used in this regulation, "bullying, harassment, or intimidation" means intentional conduct, including verbal, physical, or written conduct or an intentional electronic communication that creates a hostile educational environment by substantially interfering with a student's educational benefits, opportunities, or performance, or with a student's physical or psychological well-being and is:

(i) Motivated by an actual or a perceived personal characteristic including race, national origin, marital status, sex, sexual orientation, gender identity, religion, ancestry, physical attributes, socioeconomic status, familial status, or physical or mental ability or disability;

(ii) Threatening or seriously intimidating;

(iii) Occurs in a school setting and/or with school property; and

(iv) Substantially disrupts the orderly operation of a school.

(2) Examples of bullying may include but are not limited to:

(i) Physical: hitting, kicking, pushing, shoving, getting another person to hurt someone;

(ii) Verbal: racial slurs, name-calling, teasing, taunting, verbal sexual harassment, gossiping, spreading rumors; or

(iii) Non-verbal: threatening, obscene gestures, isolation, exclusion, stalking, cyber-bullying (bullying that occurs by means of electronic communication).

(3) "Electronic communication" means a communication transmitted by means of an electronic device, including a telephone, cellular phone, computer, or page.

(4) "School setting" means in the school, on school grounds, in school vehicles, at a designated school bus stop or at any activity sponsored, supervised or sanctioned by the school.

(5) "School property" means the school computer or telephone and encompasses the use of electronic technology at a public school.

(1) Any student who believes that he or she is a victim of bullying should report the matter immediately to the building principal. If the student feels more comfortable speaking to someone other than the building principal, the student may inform any teacher, counselor or the vice principal. If the situation is not satisfactorily resolved by the building principal, the student or parent should contact the PSS Human Resources Director.

(2) There will be no retaliation against, or adverse treatment of any student who uses this procedure to resolve a concern when such complaint has been brought in the good faith belief that the complainant has been subjected to bullying.

(3) The responsible administrator shall follow up regularly with the complaining student to ensure that the bullying has stopped and that no retaliation has occurred.

(1) Any student who engages in bullying while on school property or while participating in school activities will be subject to disciplinary action, up to and including expulsion.

(2) Any employee who permits or engages in the bullying of students will be subject to disciplinary action, up to and including dismissal.

(3) Any employee who receives a complaint of bullying from a student and who does not act promptly to forward that complaint to the principal shall be disciplined appropriately.

(4) Any student who brings a false charge of bullying shall receive appropriate discipline.

The terms "false charge" means charges brought in bad faith, that is, without the good faith belief that one has been subjected to bullying. The term "false charge" does not include a charge that was brought be good faith but which the PSS was unable to substantiate.

(4) Harassment, including, but not limited to, nuisance phone calls to students or staff members; continued comments or passing unofficial notes to another individual who wishes not to hear or receive the notes;

(3) Bullying.

(1) Discrimination is the singling out of a person or persons for different treatment, regardless whether good or bad, based on the factors listed above. Discrimination includes not only the creation of a hostile environment, but also favoritism based on any of these factors. Simply put, students and employees are required to treat all persons equally.

(2) Harassment may be defined as abusive behavior or other verbal or physical conduct towards a person based on that person's sex, sexual orientation, race, creed, color, religion, national origin, age, cultural or socio-economic status or disabling condition which has the purpose or effect of creating an intimidating, hostile or offensive environment that interferes with a student's participation in or receipt of benefits, services or opportunities in a school's programs and activities. Examples of harassment include, but are not limited to, jokes, comments, slurs, epithets and disparaging remarks.

(1) Any student who believes that he or she is a victim of discrimination or harassment should report the matter immediately to the building principal. If the student feels more comfortable speaking to someone other than the building principal, the student may inform any teacher, counselor or the vice principal. If the situation is not satisfactorily resolved by the building principal, the student or parent should contact the PSS Human Resources Director.

(2) Students, parents and employees should review § 60-20-402 for more information regarding sexual harassment and follow the procedures set forth in § 60-20-402 to address discrimination or harassment of any kind on the basis of race, creed, religion, color, sex, sexual orientation, national origin, age, cultural or socioeconomic status or disabling condition.

(3) There will be no retaliation against, or adverse treatment of any student who uses this procedure to resolve a concern when such complaint has been brought in the good faith belief that the complainant has been subjected to discrimination or harassment.

(4) The responsible administrator shall follow up regularly with the complaining student to ensure that the discrimination and/or harassment has stopped and that no retaliation has occurred.

(1) Any student who engages in discrimination and/or harassment while on school property or while participating in school activities will be subject to disciplinary action, up to and including expulsion.

(2) Any employee who permits or engages in the discrimination and/or harassment of students will be subject to disciplinary action, up to and including dismissal.

(3) Any employee who receives a complaint of discrimination and/or harassment from a student and who does not act promptly to forward that complaint to the principal shall be disciplined appropriately.

(4) Any student who brings a false charge of discrimination and/or harassment shall receive appropriate discipline. The term "false charge" means charges brought in bad faith, that is, without the good faith belief that one has been subjected to sexual harassment. The term "false charge" does not include a charge that was brought be good faith but which the PSS was unable to substantiate.

(1) As used in this regulation, "bullying, harassment, or intimidation" means intentional conduct, including verbal, physical, or written conduct or an intentional electronic communication that creates a hostile educational environment by substantially interfering with a student's educational benefits, opportunities, or performance, or with a student's physical or psychological well-being and is:

(i) Motivated by an actual or a perceived personal characteristic including race, national origin, marital status, sex, sexual orientation, gender identity, religion, ancestry, physical attributes, socioeconomic status, familial status, or physical or mental ability or disability;

(ii) Threatening or seriously intimidating;

(iii) Occurs in a school setting and/or with school property; and

(iv) Substantially disrupts the orderly operation of a school.

(2) Examples of bullying may include but are not limited to:

(i) Physical: hitting, kicking, pushing, shoving, getting another person to hurt someone;

(ii) Verbal: racial slurs, name-calling, teasing, taunting, verbal sexual harassment, gossiping, spreading rumors; or

(iii) Non-verbal: threatening, obscene gestures, isolation, exclusion, stalking, cyber-bullying (bullying that occurs by means of electronic communication).

(3) "Electronic communication" means a communication transmitted by means of an electronic device, including a telephone, cellular phone, computer, or page.

(4) "School setting" means in the school, on school grounds, in school vehicles, at a designated school bus stop or at any activity sponsored, supervised or sanctioned by the school.

(5) "School property" means the school computer or telephone and encompasses the use of electronic technology at a public school.

(1) Any student who believes that he or she is a victim of bullying should report the matter immediately to the building principal. If the student feels more comfortable speaking to someone other than the building principal, the student may inform any teacher, counselor or the vice principal. If the situation is not satisfactorily resolved by the building principal, the student or parent should contact the PSS Human Resources Director.

(2) There will be no retaliation against, or adverse treatment of any student who uses this procedure to resolve a concern when such complaint has been brought in the good faith belief that the complainant has been subjected to bullying.

(3) The responsible administrator shall follow up regularly with the complaining student to ensure that the bullying has stopped and that no retaliation has occurred.

(1) Any student who engages in bullying while on school property or while participating in school activities will be subject to disciplinary action, up to and including expulsion.

(2) Any employee who permits or engages in the bullying of students will be subject to disciplinary action, up to and including dismissal.

(3) Any employee who receives a complaint of bullying from a student and who does not act promptly to forward that complaint to the principal shall be disciplined appropriately.

(4) Any student who brings a false charge of bullying shall receive appropriate discipline.

The terms "false charge" means charges brought in bad faith, that is, without the good faith belief that one has been subjected to bullying. The term "false charge" does not include a charge that was brought be good faith but which the PSS was unable to substantiate.

(1) The principal upon receiving a report from a teacher that a student has accumulated two unexplained absence shall immediately provide counseling to the truant student and promptly issue a truancy report to the student's parent/guardian with a copy provided to the Commissioner of Education. The report shall include recommendation(s) by the school prescribing corrective measures for parent/guardian and student. Any repeated truancy by the student shall be reported to the Division of Youth Services, Community and Cultural Affairs Offices for counseling and other necessary actions, and parent-teacher conferences may also be held.

(2) The Division of Youth Services shall have access to student records with or without prior parent/guardian approval as stated in § 60-20-428. However, such privilege is limited only to the particular caseworker and/or counselor assigned to the case.

(3) All communication with a student's parent/guardian and student contact and reports from referral agencies must be accurately recorded in writing and filed in the student's cumulative folder.

(1) Commonwealth law requires that any parent, guardian or other person responsible for a child between the age of six and sixteen shall send the child to a public or nonpublic* unless the Commissioner of Education grants a waiver. 3 CMC § 1141.

(2) Educational neglect may be defined as when a person who is responsible for a child six through sixteen who through willful or negligent act or omission fails to provide the child with adequate supervision to ensure attendance at school. Individuals who commit educational neglect are subject to criminal prosecution in accordance with the law.

(3) School employees who suspect that a child is subject to educational neglect shall report this as soon as possible to the principal/designee.

(4) The principal/designee shall review the report and confer with the parent/guardian to resolve the situation. When appropriate, a school counselor, social worker, or nurse may be instructed to offer any appropriate social or health services.

(5) If appropriate school intervention does not correct the student's truancy, and reasonable cause for educational neglect has been determined, the principal/ designee shall call the Division of Youth Services and report the alleged child educational neglect. A report of this call shall be forwarded to the Commissioner and carbon copied to PSS legal counsel.

(1) PSS staff shall report the use of physical restraint after administration of a physical restraint that results in any injury to a student or staff member, or any physical restraint of duration longer than five minutes.

(1) The PSS staff who administered the restraint shall verbally inform the administration of the restraint as soon as possible and by written report no later than the next school working day.

(2) The written report shall be provided to the principal or his/her designee, except that the principal or director shall prepare the report if the principal or director has administered the restraint

(3) The principal or director or his/her designee shall maintain an on-going record of all reported instances of physical restraint.

(1) The principal or his/her designee shall verbally inform the student's parents or guardians of the restraint as soon as possible, and by written report no later than three school working days following the use of restraint.

(1) The names and job titles of the staff who administered the restraint, and observers, if any; the date of the restraint; the time the restraint began and ended; and the name of the administrator who was verbally informed following the restraint.

(2) A description of the activity in which the restrained student and other students and staff in the same room or vicinity were engaged immediately preceding the use of physical restraint; the behavior that prompted the restraint; the efforts made to de-escalate the situation; alternatives to restraint that were attempted; and the justification for initiating physical restraint.

(3) A description of the administration of the restraint including the holds used and reasons such holds were necessary; the student's behavior and reactions during the restraint; how the restraint ended; and documentation of injury to the student and/or staff, if any, during the restraint and any medical care provided.

(4) For extended restraints, the written report shall describe the alternatives to extended restraint that were attempted, the outcome of those efforts, and the justification for administering the extended restraint.

(5) Information regarding any further action(s) that the school has taken or may take, including any disciplinary sanctions that may be imposed on the student.

(6) Information regarding opportunities for the student's parents or guardians to discuss with school officials the administration of the restraint, any disciplinary sanctions that may be imposed on the student, and/or any other related matter.

(1) Written Accident Report Procedures

(i) The person in charge at the time of the accident shall complete the accident/incident report form.

(ii) The accident/incident report form shall be returned and forwarded to the principal within 24 hour.

(iii) The principal reviews the report and makes a necessary recommendation.

(iv) The principal shall forward a copy to the Commissioner/designee within 24 hours and a copy to the legal counsel if a serious injury/accident and/or hospitalization occurs or results in the absence of the student for a day or more. A copy remains in the school.

(2) Accident/incident reports will include:

(i) Date, time and place of accident.

(ii) Name and address of injured person(s).

(iii) Name of staff member(s) in attendance.

(iv) Type of accident.

(v) Personal injures incurred.

(vi) Treatment given.

(vii) Description of the accident.

(viii) Property damage incurred.

(ix) Name and address of any parties with first-hand information regarding the accident.

(x) Name of staff member making the report.

(xi) Date and time of parent/guardian notification.

(xii) If available, the hospital number and insurance number of party involved in the accident

(a) In all cases, upon arriving on campus, DPS personnel must report first to the principal's office to inform the principal of the student(s) sought by DPS and to explain the purpose of their visit to the school. The only exception to first reporting to the principal's office is when there is a crime in progress. DPS then has the right to make an immediate arrest and report afterwards to the principal's office. The principal shall immediately notify the parent/guardian of a student who has been arrested by DPS on campus.

(b) In cases involving a felony when DPS personnel wish to question a student during school hours, the parents must be informed before such questioning may begin. The principal may be present during the questioning. A student may be released to DPS if DPS demonstrates to the school that such release is necessary in the interests of law enforcement and public safety, such as a copy of a warrant or indictment. The principal shall immediately notify the parent/guardian of a student who has been released to DPS.

(c) In cases involving a misdemeanor, DPS will make every effort to locate and question a student involved in or knowledgeable of a misdemeanor outside of school operating hours and will only resort to questioning a student during school hours when all other methods fail. In the event that questioning a student during school hours is necessary, the parent must be informed before such questioning may begin and DPS may only question a student when a principal is present. A principal does not need to release a student to DPS in cases involving a misdemeanor.

(2) Participants in such pre-admission conferences will include:(i) Any teacher directly involved in the suspension offense.

(ii) The student

(iii) The parent/guardian.

(iv) The representative of any agency having legal jurisdiction, care, custody, or control of the student.

(v) PSS staff members designated by the Commissioner/ designee

(1) The student has been convicted of one of the offenses listed below.

(2) The student been charged with one of the offenses and there has been no final judgment.

(3) A juvenile petition has been filed alleging that the student committed an act, which if committed by an adult, would be one of the offenses listed below, and there has been no final judgment; or

(4) The student has been adjudicated to have committed an act, which if committed by an adult, would be one of the offenses listed below.

(1) First degree murder under the laws of the CNMI

(2) Second degree murder under the laws of the CNMI

(3) First degree assault under the laws of the CNMI

(4) Forcible rape under the laws of the CNMI

(5) Forcible sodomy under the laws of the CNMI

(6) Robbery in the first degree under the laws of the CNMI

(7) Distribution of drugs to a minor under the laws of the CNMI

(8) Arson under the laws of the CNMI

(9) Kidnapping under the laws of the CNMI.

(2) Student denied enrollment because of conviction of one of the acts set out in this section or due to an existing suspension or expulsion from another school will be advised of the reasons for denial of enrollment and will be given an opportunity to respond to those reasons.

1) The principal or his/her designee shall verbally inform the student's parents or guardians of the restraint as soon as possible, and by written report no later than three school working days following the use of restraint.

(1) the Public School System;

(2) the Coalition of Private Schools, CNMI or any successor organization recognized by the Board of Education;

(3) the Juvenile Probation Unit of DYS;

(4) the Child Protective Unit of DYS; and

(5) the Department of Public Safety (DPS).

(b) It is the intent of this section to provide intervention for juveniles and their families to address truancy, irregular attendance or insubordinate or disorderly behavior in school at the community level before referral to the juvenile justice system. The School Attendance Review Committee's duties shall include, but are not limited to, the following:

(1) proposing, promoting and providing alternatives to the juvenile justice system, where possible;

(2) addressing matters regarding an individual juvenile's truancy, failure to regularly attend school in accordance with school policies and regulations, or insubordinate or disorderly behavior;

(3) setting and conducting meetings with juveniles and/or their parents to discuss consequences of the student's truancy and/or behavior and establish terms, conditions and options to reduce and eliminate the truancy of the student and improve his or her attendance. The meeting format shall be that of mediation and not adversarial; and

(4) referring juveniles and their families to other agencies, such as Community Guidance Center, DYS, DPS and the Attorney General's Office for services or action, as appropriate.

(c) The Board of Education may adopt such policies, procedures, rules and regulations, not inconsistent with this chapter, that may be needed for the operation of the School Attendance Review Committee and to fulfill its obligations pursuant to this section.

(d) The School Attendance Review Committee shall strive to maintain a continuing inventory of community resources, including alternative educational programs, and make recommendations for the creation of new resources and programs where none exist.

(e) In every case in which a juvenile has been referred to it, the School Attendance Review Committee has the authority to issue subpoenas pursuant to the procedures provided in 1 CMC § 9109(d), requiring the production of pertinent information and documents and/or the attendance of any of the following persons:

(1) The juvenile;

(2) The juvenile's parents, guardians, or other person having control of the juvenile;

(3) The school authority referring the juvenile; and

(4) Any other person who has pertinent or material information concerning the juvenile. The purpose of any meeting under this section is to establish and agree upon terms, conditions and options to reduce and eliminate the truancy of the student. The meeting format shall be that of mediation and not adversarial.

(f) The enforcement of a subpoena issued by a School Attendance Review Committee is within the jurisdiction of the juvenile court.

(g) In the event a juvenile, parent, guardian and/or person in charge of the juvenile fails to respond to the directives of the School Attendance Review Committee, or to services offered on behalf of the juvenile or the Committee determines that available community resources cannot resolve the problems with the juvenile's school attendance or behavior, the Committee shall direct that the juvenile be referred to the Juvenile Probation Unit and request that the Office of the Attorney General file a complaint against the juvenile, parent, guardian, and/or other person having control of the juvenile.

(h) Whenever a committee member appointed by an agency is unavailable to participate in the School Attendance Review Committee, that member's agency may assign personnel to represent the agency either temporarily or on a continuing basis in accordance with the intent of this section. The duties, obligations, or responsibilities which may be imposed on governmental entities by this section are such that the related costs are incurred as a part of their normal operating procedures.

(i) Nothing in this section shall be construed to interfere with the juvenile's school's authority to establish truancy procedures and to determine whether or not a matter should be referred to the Review Committee or to the Department of Public Safety or the Office of the Attorney General.

(j) Nothing in this section alters any policy or regulation of the Board of Education or the authority of any school or the Commissioner of Education to take appropriate corrective measures, including without limitation suspension or expulsion of the juvenile.

(1) Searches of students shall only be conducted when a school official has reasonable suspicion predicated on one or more of the following:

(i) Reliable reports or information from credible sources made known to school officials. If the source is anonymous, the informant must show that the information has a relationship with the school or students so as to give it credibility.

(ii) Suspicious or evasive behavior suggesting violation of a school policy or law, or concealment of contraband, weapons or stolen property.

(iii) Observation of a student engaging in prohibited conduct or being in a restricted area.

(2) The more of these factors that are found, the greater the inference of reasonable suspicion. The school official may also take into account the student's history in the development of reasonable suspicion.

(1) The scope of the search conducted must be reasonably related to the objective sought and the evidence searched for. The search shall be no more intrusive than necessary to serve the school's legitimate objectives. In determining if the search is related to the objectives sought, the school official should consider:

(i) The nature and severity of the violation to determine the permissible amount of intrusion into the student's privacy rights.

(ii) The area to be searched so that it will be no more extensive than required to serve the school's legitimate objectives.

(iii) The time and place where the search is conducted so that it will be as close as possible to the time and place of the suspected violation.

(iv) The duration of the search so that it will be no longer than necessary to serve the school's legitimate objectives.

(2) Whenever reasonably possible the search should be conducted by school official who is the same sex as the student to be searched.

Canine searches shall never be conducted on a student's person and if undertaken, shall be restricted to desks, lockers and parking lots.

Surveillance shall only be conducted in hallways, school buses and other areas open to public view where the students are permitted.

Whenever possible the student's voluntary informed consent shall be sought before a search is conducted. However, searches normally should not be based solely on consent.

Police involvement shall be sought whenever school officials uncover evidence of a violation of Commonwealth or federal law or when school officials deem such involvement necessary or helpful in maintaining school discipline or safety.

After a search has been conducted, school officials shall prepare a written report, specifically detailing the objectives of the search, the scope of the search, and the circumstances and information giving rise to reasonable suspicion for the search. Copies of the report shall be immediately filed with the Commissioner of Education and PSS legal counsel.

(a) It is the responsibility of all citizens who have direct knowledge of a committed felony to report it to DPS. If a student is suspected of committing a felony, the school administrator must report it to DPS. (See also policy and regulation 2670 and § 60-20-472–Reporting Violent Behavior and Student Abuse.)

(b) In cases involving a misdemeanor, the principal must exercise his/her professional judgment whether to report the student to DPS. In general, the more serious the misdemeanor, the greater likelihood it should be referred to DPS. Minor infractions (e.g. a minor caught smoking a cigarette) should be dealt with at the school level.

(c) All incidents involving the use of dangerous weapons should be reported to DPS. (See policy and regulation 2670.)

(d) If a principal or school administrator has evidence of a crime in progress, he/she has the authority to make a citizen's arrest and then must report the crime to DPS immediately.

(e) Upon arriving on campus, DPS personnel must report first to the principal's office. The only exception to first reporting to principal's office is when there is a crime in progress. DPS then has the right to make an immediate arrest and report afterwards to the principal's office.

(f) No student is to be turned over to a non-uniformed policeman without verifying his/her proper identification.

(g) Whenever a student is turned over to DPS, it is the responsibility of the school administrator to immediately notify the student's parent/guardian.

(a) In all cases, upon arriving on campus, DPS personnel must report first to the principal's office to inform the principal of the student(s) sought by DPS and to explain the purpose of their visit to the school. The only exception to first reporting to the principal's office is when there is a crime in progress. DPS then has the right to make an immediate arrest and report afterwards to the principal's office. The principal shall immediately notify the parent/guardian of a student who has been arrested by DPS on campus.

(b) In cases involving a felony when DPS personnel wish to question a student during school hours, the parents must be informed before such questioning may begin. The principal may be present during the questioning. A student may be released to DPS if DPS demonstrates to the school that such release is necessary in the interests of law enforcement and public safety, such as a copy of a warrant or indictment. The principal shall immediately notify the parent/guardian of a student who has been released to DPS.

(c) In cases involving a misdemeanor, DPS will make every effort to locate and question a student involved in or knowledgeable of a misdemeanor outside of school operating hours and will only resort to questioning a student during school hours when all other methods fail. In the event that questioning a student during school hours is necessary, the parent must be informed before such questioning may begin and DPS may only question a student when a principal is present. A principal does not need to release a student to DPS in cases involving a misdemeanor.

(1) The principal upon receiving a report from a teacher that a student has accumulated two unexplained absence shall immediately provide counseling to the truant student and promptly issue a truancy report to the student's parent/guardian with a copy provided to the Commissioner of Education. The report shall include recommendation(s) by the school prescribing corrective measures for parent/guardian and student. Any repeated truancy by the student shall be reported to the Division of Youth Services, Community and Cultural Affairs Offices for counseling and other necessary actions, and parent-teacher conferences may also be held.

(2) The Division of Youth Services shall have access to student records with or without prior parent/guardian approval as stated in § 60-20-428. However, such privilege is limited only to the particular caseworker and/or counselor assigned to the case.

(3) All communication with a student's parent/guardian and student contact and reports from referral agencies must be accurately recorded in writing and filed in the student's cumulative folder.

(1) Commonwealth law requires that any parent, guardian or other person responsible for a child between the age of six and sixteen shall send the child to a public or nonpublic* unless the Commissioner of Education grants a waiver. 3 CMC § 1141.

(2) Educational neglect may be defined as when a person who is responsible for a child six through sixteen who through willful or negligent act or omission fails to provide the child with adequate supervision to ensure attendance at school. Individuals who commit educational neglect are subject to criminal prosecution in accordance with the law.

(3) School employees who suspect that a child is subject to educational neglect shall report this as soon as possible to the principal/designee.

(4) The principal/designee shall review the report and confer with the parent/guardian to resolve the situation. When appropriate, a school counselor, social worker, or nurse may be instructed to offer any appropriate social or health services.

(5) If appropriate school intervention does not correct the student's truancy, and reasonable cause for educational neglect has been determined, the principal/ designee shall call the Division of Youth Services and report the alleged child educational neglect. A report of this call shall be forwarded to the Commissioner and carbon copied to PSS legal counsel.

(1) Shall wear, possess, use, distribute, display, or sell any clothing, jewelry, emblem, badge, symbol, sign, or other things, which are evidence of membership or affiliation in any gang.

(2) Shall commit any act or omission or use any speech either verbal or nonverbal (gestures, handshakes, etc.) showing membership or affiliation in a gang.

(3) Shall use any speech or commit any act or omission in furtherance of the interests of any gang or gang activity, including but not limited to:

(i) Soliciting others for membership in any gangs.

(ii) Requesting any person to pay protection or otherwise intimidating or threatening any person.

(iii) Committing any other illegal act or other violation of school PSS policies.

(iv) Inciting other students to act with physical violence upon any other person.

(1) Provide in-service for staff in gang recognition and special workshops for counselors in the event that gangs become a problem at the schools.

(2) Ensure that all students have access to counselors.

(3) Work closely with the local law enforcement authorities and county juvenile officers who work with students and parents/ guardians involved in gang activity.

(4) Provide classroom or after-school programs designed to enhance individual self-esteem and foster interest in a variety of wholesome activities.

(1) Non-physical interventions would not be effective; and

(2) The student's behavior poses a threat of imminent, serious, physical harm to self and/or others.

(1) As a means of punishment; or

(2) For the convenience of staff; or

(3) As a substitute for less restrictive alternatives; or

(4) As a response to property destruction, disruption of school order, a student's refusal to comply with a school rule or staff directive, or verbal threats that do not constitute a threat of imminent, serious, physical harm; or*

(1) The right of any individual to report to appropriate authorities a crime committed by a student or other individual;

(2) Law enforcement, judicial authorities, or school security personnel from exercising their responsibilities, including the physical detainment of a student or other person alleged to have committed a crime or posing a, security risk; or

(3) The exercise of an individual's responsibilities as a mandated reporter pursuant to BOE, CNMI and Federal regulation. These regulations shall not be used to deter any individual from reporting neglect or abuse to an appropriate public agency.