Birmingham Public Schools, revised September 2024
Student Code of Conduct
Everything on this page is drawn from the BPS Student Code of Conduct and the district's bullying complaint procedure. No interpretation has been added. These are the district's own definitions, categories, processes, and consequence ranges as written.
About this page
The district's rules, in one place
Use the links above to jump to any section. If you have questions about how the code was applied in a specific situation, PAACT is here to help: paact.birmingham@gmail.com
Code of conduct
Violation categories
The BPS Student Code of Conduct (revised September 2024) lists offenses in eight groups. The offense names below are the code's own.
Statutory offenses under the Revised School Code
Arson. Threat of gun violence, bomb threat, or other threats of mass harm. Criminal sexual conduct. Physical assault against another student. Physical assault against a school employee, volunteer, or contractor. Other dangerous weapons. Firearms. These offenses may also result in referral to law enforcement. Firearm possession carries mandatory permanent expulsion under state law, with listed exceptions.
Threatening or abusive behavior
Coercion, extortion, and blackmail. Fighting. Inappropriate physical behavior. Threats and intimidation. Verbal or written assault. Look-alike weapons and other weapons. The code recognizes three levels of physical altercation: inappropriate physical behavior, fighting, and physical assault.
Harassment and bullying
Bullying, including cyberbullying. Discriminatory harassment. Hazing. Sexual harassment.
Controlled substances
Alcohol. Drugs. Inhalants or other chemical substances. Smoking, including tobacco, e-cigarettes, and vaping.
Inappropriate sexual activity
Sexual misconduct. Indecency. Public displays of affection.
Property violations
Littering. Negligent destruction of property. Intentional or reckless destruction of property and vandalism. Theft. Trespassing. Unauthorized use of school equipment. Violation of the Technology Acceptable Use Policy.
Educational or other dishonesty
Cheating. Forgery. Copyrighted materials. False allegations against another student, a district employee, contractor, volunteer, or Board member. Falsification of records. False identification. Fraud or misrepresentation. Plagiarism. Academic consequences may also be imposed for cheating.
Other infractions disruptive to the educational environment
Closed campus violation. Clothing and dress code. Concerted disruptive activity. False alarm. Fireworks, explosives, and dangerous substances. Gambling. Gang activity. Inappropriate vehicle usage. Non-compliance with a directive. Other school rules set by the Superintendent or principal. Pranks. Profanity. Throwing food. Unauthorized use of electronic devices.
Source: BPS Student Code of Conduct, September 2024, "Offenses."
Code of conduct
Consequences
- 1AgeThe student's age
- 2HistoryThe student's disciplinary history
- 3DisabilityWhether the student has a disability
- 4SeriousnessHow serious the violation or behavior was
- 5SafetyWhether it threatened the safety of any student or staff member
- 6RestorativeWhether restorative practices will be used
- 7Lesser stepWhether a lesser intervention would properly address it
Administrative alternatives
Classroom time out, detention, denial of participation in school or extracurricular activities, behavioral contracts, written assignments, confiscation, work assignments at school, required community service, full financial restitution for property damage, loss of parking privileges, probationary status, restorative practices.
Emergency removal (snap suspension)
A teacher may remove a student from a class, subject, or activity for up to one day for any behavior that disrupts or interferes with the learning environment. The teacher must immediately report it to the principal and, as soon as possible, ask the parent or guardian to attend a conference. The student may attend other teachers' classes during the removal.
Suspension
Up to 10 days: a building administrator. 11 to 59 days: the Superintendent or designee, on a building administrator's recommendation. Students excluded for 10 days or less are provided course content (worksheets, handouts, assignments). Content that would have been graded is not graded.
Expulsion
60 or more school days, or permanent expulsion: the Superintendent or designee, on a building administrator's recommendation. Students under 18 who are expelled remain subject to the state compulsory education law, and finding an alternative program is the responsibility of the student and family.
Consequence range by offense
Each bar runs from the lowest to the highest consequence the code lists for that offense. The actual consequence depends on the facts of the incident and the seven factors.
Source: BPS Student Code of Conduct, September 2024.
Code of conduct
Restorative practices
Restorative practices: the definition
Practices that emphasize repairing the harm to the victim and the school community caused by a student's misconduct. Members of each school team are trained in restorative practices. They are to be considered as an alternative or in addition to suspension or expulsion.
School counselors
All students have access to a school counselor who provides both academic and social-emotional support. Counselors are also able to connect families to outside resources where necessary.
Administrator conferences
Administrator conferences are often used at the first tier to determine the reason behind a student's behavior. Administrators also work with staff and families so students can have a positive classroom and school experience.
Teacher snap suspension
A teacher may remove a student from class for up to one day for any behavior that disrupts or interferes with the learning environment. The teacher must immediately report it to the principal and ask the parent or guardian to attend a conference.
Source: BPS Student Code of Conduct, September 2024.
Safety
Bullying: what the code says
Definition of bullying
Any written, verbal, or physical act, or any electronic communication including cyberbullying, that is intended to harm or that a reasonable person would know is likely to harm one or more students, by substantially interfering with their education, placing them in reasonable fear of physical harm, causing substantial emotional distress, having a detrimental effect on physical or mental health, or causing substantial disruption to the school.
Discriminatory harassment
A separate prohibition covers harassment based on sex, sexual orientation, gender identity or expression, race, color, national origin, religion, age, height, weight, familial status, marital status, or disability. Harassment means threatening, insulting, or dehumanizing gestures, technology use, or written, verbal, or physical conduct that places a student or employee in reasonable fear of harm.
Sexual harassment
A student shall not intentionally engage in sexual harassment of another person. Complaints of sexual harassment may also be investigated under the district's Title IX procedures.
Consequence range
Bullying is listed as one offense among many in the BPS code. The documented consequence range is administrative alternatives through expulsion. There is no separate severity tier for bullying. The same range applies to fighting, coercion, and several other offenses.
What happens after a bullying complaint is filed
Process as described in the district's bullying complaint procedure.
- 1Complaint filedA student or parent reports the incident to the building principal.
- 2InvestigationThe principal or a designee investigates promptly and interviews the complainant, the accused, and others as needed.
- 3DecisionThe investigator concludes whether bullying occurred. Parents of both students are notified of the results.
- 4ActionResults go to the Superintendent, who considers restorative practices, disciplinary action under the Code of Conduct, and relief for the complainant.
Source: BPS Student Code of Conduct, September 2024, for the definitions and consequence range. BPS administrative regulation on bullying, Complaint Procedure, for the process.
Safety
How to report a concern
Step 1: building administrator
Report bullying to your school's principal. The code also directs families to speak with the school counselor or administration team and to complete the Harassment Intimidation Bullying (HIB) form on the school's website. The investigator may first try to resolve the matter informally, but you may ask at any time for a formal investigation.
Step 2: district escalation
If the building-level response is unsatisfactory, contact the district office. The code names the district's Compliance Officers for complaints of discrimination or harassment.
For academic concerns
Contact the teacher who teaches the subject first. If the problem remains unresolved, contact the school counselor or principal. Each school has an intervention system in place to support students who are struggling academically.
Contact PAACT
If you feel your concern has not been adequately addressed by the district, PAACT wants to hear from you. We can point you to the right policy and the right person to ask. We also keep track of what families tell us, so we can raise patterns with the district. We don't share family stories without permission.
Source: BPS Student Code of Conduct, September 2024, "Support for Students." BPS administrative regulation on bullying.