Policies and Regulations

POLICY 2130

NONDISCRIMINATION AND STUDENT RIGHTS

HARASSMENT

WARRENSBURG R-VI HARASSMENT POLICY:

In addition to the definitions/consequences of non-sexual/sexual harassment, let it be known that:

It is the policy of the District to maintain a learning environment that is free from harassment because of an individual’s race, color, sex, national origin, ethnicity, disability, sexual orientation, or perceived sexual orientation. The school district prohibits any and all forms of unlawful harassment and discrimination because of race, color, sex, national origin, ethnicity, disability, sexual orientation, or perceived sexual orientation.

It shall be a violation of District policy for any student, teacher, administrator, or other school personnel of this District to harass or unlawfully discriminate against a student through conduct of a sexual nature, or regarding race, color, national origin, ethnicity, disability, sexual orientation, or perceived sexual orientation as defined by this Policy.

It shall also be a violation of District policy for any teacher, administrator, or other school personnel of this District to tolerate sexual harassment or harassment because of a student’s race, color, national origin, ethnicity, disability, sexual orientation, or perceived sexual orientation, as defined by this Policy, by a student, teacher, administrator, other school personnel, or by any third parties who are participating in, observing, or otherwise engaged in activities, including sporting events and other extracurricular activities, under the auspices of the school district.

For purposes of this Policy, the term “school personnel” includes school board members, school employees, agents, volunteers, contractors, or persons subject to the supervision and control of the District.

The school system will act to promptly investigate all complaints, either formal or informal, verbal or written, of unlawful harassment or unlawful discrimination because of race, color, sex, national origin, ethnicity, disability, sexual orientation, or perceived sexual orientation; to promptly take appropriate action to protect individuals from further harassment or discrimination; and, if it determines that unlawful harassment or discrimination occurred, to promptly and appropriately discipline any student, teacher, administrator, or other school personnel who is found to have violated this Policy, and/or to take other appropriate action reasonably calculated to end of the harassment/discrimination.

DEFINITIONS AND EXAMPLES

Sexual Harassment

For purposes of this Regulation, sexual harassment of a student consists of sexual advances, requests for sexual favors, sexually-motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature when:

1.  A school employee causes a student to believe that he or she must submit to unwelcome sexual conduct in order to participate in a school program or activity, or when an employee or third party agent of the District causes a student to believe that the employee will make an educational decision based on whether or not the student submits to unwelcome sexual conduct; or,

2. When the unwelcome sexual conduct of a school employee or classmate is so severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, or abusive educational environment.

Examples of conduct which may constitute sexual harassment include:

•   sexual advances;

•   touching, patting, grabbing, or pinching another person’s intimate parts, whether that person is of the same sex or the opposite sex;

•   coercing, forcing, or attempting to coerce or force the touching of anyone’s intimate parts;

•   coercing, forcing, or attempting to coerce or force sexual intercourse or a sexual act on another;

•   graffiti of a sexual nature;

•   sexual gestures;

•   sexual or dirty jokes;

•   touching oneself sexually or talking about one’s sexual activity in front of others;

•   spreading rumors about or rating other students as to sexual activity or performance;

•   unwelcome, sexually-motivated or inappropriate patting, pinching, or physical contact. This prohibition

     Does not preclude legitimate, non-sexual physical conduct such as the use of necessary restraints to avoid physical harm to persons or property, or conduct such as a teacher’s consoling hug of a young student, or one student’s demonstration of a sports move requiring contact with another student.

•   other unwelcome sexual behavior or words, including demands for sexual favors, when accompanied by implied or overt threats concerning an individual’s educational status or implied or overt promises of preferential treatment.

Harassment Because of Race or Color

For purposes of this Regulation, racial harassment of a student consists of verbal or physical conduct relating to an individual’s race or color when:

1. The harassing conduct is sufficiently severe, persistent, or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, or abusive educational environment;

2. The harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s academic performance; or,

3. The harassing conduct otherwise substantially and adversely affects an individual’s learning opportunities.

Examples of conduct which may constitute harassment because of race or color include:

•   graffiti containing racially-offensive language;

•   name-calling, jokes, or rumors;

•   threatening or intimidating conduct directed at another because of the other’s race or color;

•   notes or cartoons;

•   racial slurs, negative stereotypes, and hostile acts which are based upon another’s race or color;

•   written or graphic material containing racial comments or stereotypes which is posted or circulated and  which is aimed at degrading individuals or members of protected classes;

•   a physical act of aggression or assault upon another because of, or in a manner reasonably related to, race or color;

•   other kinds of aggressive conduct such as theft or damage to property which is motivated by race or color.

Harassment Based upon National Origin or Ethnicity

For purposes of this Regulation, ethnic or national origin harassment of a student consists of verbal or physical conduct relating to an individual’s ethnicity or country of origin or the country of origin of the individual’s parents, family members, or ancestors when:

1. The harassing conduct is so severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, or abusive educational environment;

2. The harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s work or academic performance; or,

3. The harassing conduct otherwise substantially and adversely affects an individual’s learning opportunities.

Examples of conduct which may constitute harassment because of national origin or ethnicity include:

•   graffiti containing offensive language which is derogatory to others because of their national origin or ethnicity;

•   jokes, name-calling, or rumors based upon an individual’s national origin or ethnicity;

•   ethnic slurs, negative stereotypes, and hostile acts which are based upon another’s national origin or ethnicity;

•   written or graphic material containing ethnic comments or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes;

•    a physical act of aggression or assault upon another because of, or in a manner reasonably related to, ethnicity or national origin.

•   other kinds of aggressive conduct such as theft or damage to property which is motivated by national origin or ethnicity.

Harassment Because of Disability

For the purposes of this Regulation, harassment because of the disability of a student consists of verbal or physical conduct relating to an individual’s physical or mental impairment when:

1. The harassing conduct is so severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, or abusive educational environment;

2. The harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s work or academic performance; or,

3. The harassing conduct otherwise adversely and substantially affects an individual’s learning opportunities.

Examples of conduct which may constitute harassment because of disability include:

•  graffiti containing offensive language which is derogatory to others because of their physical or mental disability;

•  threatening or intimidating conduct directed at another because of the other’s physical or mental disability;

•  jokes, rumors, or name-calling based upon an individual’s physical or mental disability;

•  slurs, negative stereotypes, and hostile acts which are based upon another’s physical or mental disability;

•  graphic material containing comments or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes;

•  a physical act of aggression or assault upon another because of, or in a manner reasonably related to, an individual’s physical or mental disability;

•  other kinds of aggressive conduct such as theft or damage to property which is motivated by an individual’s physical or mental disability.

Harassment Because of Gender

For purposes of this regulation, gender harassment of a student consists of verbal or physical conduct relating to an individual’s gender when:

1. The harassing conduct is sufficiently persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, or abusive educational environment; or,

2. The harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s academic performance; or,

3. The harassing conduct otherwise substantially and adversely affects an individual’s learning opportunities.

     Examples of conduct which may constitute harassment because of gender include:

     •  graffiti containing offensive language;

     •  name-calling, jokes, or rumors;

     •  threatening or intimidating conduct directed at another because of the other’s gender;

     •  notes or cartoons;

     •  slurs, negative stereotypes, and hostile acts which are based upon another’s gender;

     •  written or graphic material containing comments or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes;

     •  a physical act of aggression or assault upon another because of, or in a manner reasonably related to gender;

     •  other kinds of aggressive conduct such as theft or damage to property which is motivated by gender.

Harassment Because of Sexual Orientation or Perceived Sexual Orientation

For purposes of this Regulation, harassment of a student because of sexual orientation or perceived sexualorientation consists of verbal or physical conduct relating to an individual’s sexual orientation or perceived sexual orientation when:

1. The harassing conduct is sufficiently persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, or abusive educational environment; or,

2. The harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s academic performance; or,

3. The harassing conduct otherwise substantially and adversely affects an individual’s learning opportunities.

     Examples of conduct which may constitute harassment because of sexual orientation or perceived sexual orientation include:

     •  graffiti containing offensive language;

     •  name-calling, jokes, or rumors;

     •  threatening or intimidating conduct directed at another because of the other’s sexual orientation or perceived sexual orientation;

     •  notes or cartoons;

     •  slurs, negative stereotypes, and hostile acts which are based upon another’s sexual orientation or perceived sexual orientation;

     •  written or graphic material containing comments or stereotypes which is posted or circulated and which is aimed at degrading individuals or members of protected classes;

     •  a physical act of aggression or assault upon another because of, or in a manner reasonably related to, sexual orientation or perceived sexual orientation;

     •  other kinds of aggressive conduct such as theft or damage to property which is motivated by sexual orientation or perceived sexual orientation.

REPORTING PROCEDURES

Any student who believes he or she has been the victim of sexual harassment or harassment based on race, color, national origin, ethnicity, disability, sexual orientation, or perceived sexual orientation by a student, teacher, administrator, or other school personnel of the school district, or by any other person who is participating in, observing, or otherwise engaged in activities, including sporting events and other extracurricular activities, under the auspices of the school district, is encouraged to immediately report the alleged acts to an appropriate District official designated by this regulation.

Any teacher, administrator, or other school official who has or receives notice that a student has or may have been the victim of sexual harassment or harassment based on race, color, sex, national origin, ethnicity, disability, sexual orientation, or perceived sexual orientation by a student, teacher, administrator, or other school personnel of the District, or by any other person who is participating in, observing, or otherwise engaged in activities, including sporting events and other extracurricular activities, under the auspices of the District, is required to immediately report the alleged acts to an appropriate District official designated by this regulation.

Any other person with knowledge or belief that a student has or may have been the victim of unlawful discrimination, sexual harassment or harassment based on race, color, national origin, ethnicity, disability, sexual orientation, or perceived sexual orientation as set forth above, is encouraged to immediately report the alleged acts to an appropriate District official designated by this Regulation. The school district encourages the reporting party or complainant to use the report form available from the principal of each building or available from the school district office, but oral reports shall be considered complaints as well. Use of formal reporting forms is not mandated.

Nothing in this Regulation shall prevent any person from reporting harassment directly to the Compliance Officer or to the Superintendent. The District will respond to male and female students’ complaints of discrimination and harassment promptly, appropriately, and with the same degree of seriousness.

1.   In each school building, the building principal is the person responsible for receiving oral or written reports of discrimination, sexual harassment, or harassment based on race, color, ethnicity, national origin, ethnicity, disability, sexual orientation, or perceived sexual orientation at the building level. Any adult school district personnel who receives a report of discrimination, sexual harassment, or harassment based on race, color, national origin, ethnicity, disability, sexual orientation, or perceived sexual orientation shall  inform the building principal immediately.  Upon receipt of a report, the principal must notify the District Compliance Officer immediately, without screening or investigating the report. The principal may request but may not insist upon a written complaint.  A written statement of the facts alleged will be forwarded as soon as practicable by the principal to the Compliance Officer.  If the report was given verbally, the principal shall personally reduce it to written form within twenty-four(24) hours and forward it to the  Compliance Officer. Failure to forward any harassment report or complaint as provided herein will result in disciplinary action against the principal. If the complaint involves the building principal, the complaint shall be made or filed directly with the Superintendent or the District Compliance Officer by the reporting party or the complainant.

2.   The School Board has designated Dr. Michael Scott, Assistant Superintendent, as the District Compliance

       Officer with responsibility to identify, prevent, and remedy unlawful discrimination and harassment. The District Compliance Officer shall:

       •  receive reports or complaints of unlawful discrimination, sexual harassment, or harassment based on race, color, national origin, ethnicity, disability, sexual orientation, or perceived sexual orientation;

       •  oversee the investigative process;

       •  be responsible for assessing the training needs of the District’s staff and students in connection with the dissemination, comprehension, and compliance with this Regulation;

       •  arrange for necessary training required for compliance with this Regulation; and

       •  insure that any investigation is conducted by an impartial investigator who has been trained in the requirements of equal educational opportunity, including harassment, and who is able to apply procedural and substantive standards which are necessary and applicable to identify unlawful harassment, recommend appropriate discipline and remedies when harassment is found, and take other appropriate action to rectify the damaging effects of any prohibited discrimination, including interim protection of the victim during the course of the investigation.

      If any complaint involves a Compliance Officer, the complaint shall be filed directly with the Superintendent. The District shall conspicuously post a notice against unlawful discrimination and harassment in each school in a place accessible to students, faculty, administrators, employees, parents, and members of the public. This notice shall include the name, mailing address, and telephone number of the Compliance Officer, the name, mailing address, and telephone number of the Missouri Commission for Human Rights, the State agency responsible for investigating allegations of discrimination in educational opportunities, and the mailing address and telephone number of the United States Department of Education, Office for Civil Rights, and the United States Department of Justice.

3.   A copy of Policy 2130 shall appear in the student handbook, and this Regulation shall be made available upon request of parents, students, and other interested parties.

4.   The School Board will develop a method of discussing this Regulation with students and employees.

      Training on the requirements of nondiscrimination and the appropriate responses to issues of harassment will be provided to all school personnel on an annual basis, and at such other times as the Board in consultation with the District Compliance Officer determines is necessary or appropriate.

5.   This Regulation shall be reviewed at least annually for compliance with State and Federal law.

6.   The District will respect the privacy of the complainant, the individuals against whom the complaint is filed, and the witnesses as much as possible, consistent with the District’s legal obligations to investigate, to take appropriate action, and to conform with any discovery or disclosure obligations.

INVESTIGATION

Upon receipt of a report or complaint alleging unlawful discrimination, sexual harassment, or harassment based upon race, color, sex, national origin, ethnicity, disability, sexual orientation, or perceived sexual orientation, the Compliance Officer shall immediately undertake or authorize an investigation. That investigation may be conducted by District officials or by a third party designated by the District.

The investigation may consist of personal interviews with the complainant, the individual against whom the complaint is filed, and others who have knowledge of the alleged incident or circumstances giving rise to the complaint. The investigation may also consist of the evaluation of any other information or documents, which may be relevant to the particular allegations.

In determining whether the alleged conduct constitutes a violation of this Regulation, the District shall consider:

•  the nature of the behavior;

•  how often the conduct occurred;

•  whether there were past incidents or past continuing patterns of behavior;

•  the relationship between the parties involved;

•  the race, national origin, ethnicity, sex, and age of the victim;

•  the identity of the perpetrator, including whether the perpetrator was in a position of power over the student allegedly subjected to harassment;

•  the number of alleged harassers;

•  the age of the alleged harassers;

•  where the harassment occurred;

•  whether there have been other incidents in the school involving the same or other students;

•  whether the conduct adversely affected the student’s education or educational environment;

•  the context in which the alleged incidents occurred.

Whether a particular action or incident constitutes a violation of this regulation requires a determination based on all the facts surrounding the circumstances.

Generally, the investigation will be completed no later than fourteen (14) days from receipt of the report, unless the District administration or Board of Education, in their sole discretion, determine that additional time is necessary. The District Compliance Officer shall make a written report to the Superintendent upon completion of the investigation. If the complaint involves the Superintendent, the report may be filed directly with the School Board. The report shall include a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this regulation. The Compliance Officer’s obligation to conduct this investigation shall not be extinguished by the fact that a criminal investigation involving the same or similar allegations is also pending or has been concluded.

SCHOOL DISTRICT RESPONSE

1.   Upon receipt of a report that a violation has occurred, the District will take prompt, appropriate formal or informal action to address, and where appropriate, remediate the violation. Appropriate actions may include, but are not limited to, counseling, awareness training, parent-teacher conferences, warning,  suspension, exclusion, expulsion, transfer, remediation, or discharge. District action taken for violation of this regulation shall be consistent with the requirements of applicable collective bargaining agreements, State and Federal law, and District policies for violations of a similar nature of similar degree of severity. In determining what is an appropriate response to a finding that harassment in violation of this regulation has occurred, the District shall consider:

      •  what response is most likely to end any ongoing harassment;

      •  whether a particular response is likely to deter similar future conduct by the harasser or others;

      •  the amount and kind of harm suffered by the victim of the harassment;

      •  the identity of the party who engaged in the harassing conduct.

      •  whether the harassment was engaged in by school personnel, and if so, the District will also consider how it can best remediate the effects of the harassment.

In the event that the evidence suggests that the harassment at issue is also a crime in violation of a
Missouri criminal statute, the Board shall also direct the District Compliance Officer to report the results of the investigation to the appropriate law enforcement agency charged with responsibility for handling such crimes.

2.   The results of the District’s investigation of each complaint filed under these procedures will be reported in writing to the complainant and other parties by the District in accordance with State and Federal laws  regarding data or records privacy, and consistent with the privacy rights of the alleged harasser.

3.   If the District’s evaluation of a complaint of harassment results in a conclusion that an individual has  engaged in unlawful discrimination or harassment in violation of this Regulation, or that school personnel  have failed to report harassment as required herein, that individual may appeal this determination by use of established School Board procedures for appealing other adverse personnel and/or education-related  actions. If the District’s evaluation of a complaint of harassment results in a conclusion that no unlawful  harassment has occurred, an individual who was allegedly subjected to harassment and believes that this  conclusion is erroneous may appeal this determination by use of established School Board procedures for  appealing other adverse personnel and/or education-related actions. An individual who was allegedly  subjected to unlawful discrimination or harassment may also file a complaint with the Missouri  Commission for Human Rights, the United States Department of Education, Office for Civil Rights, or the  United States Department of Justice. In addition, such individual may choose to file suit in the United  States District Court or the State Circuit Court.

4.    Copies of all complaints of harassment and the investigations conducted pursuant to them shall be maintained at the main administrative offices of the school district.

RETALIATION

Submission of a good-faith complaint or report of unlawful discrimination, sexual harassment, or harassment based upon race, color, disability, national origin, ethnicity, or sexual orientation will not affect the complainant or reporter’s future employment, grades, learning, or working environment, or work assignments.  The school district will discipline or take appropriate action against any student, teacher, administrator, or other school personnel who retaliates against any person who reports an incident of alleged sexual, racial, ethnic, sexual orientation discrimination, disability-related harassment or violence, or any person who testifies, assists, or participates in a proceeding, investigation, or hearing relating to such harassment or violence. Retaliation includes, but is not limited to, any form of intimidation, reprisal, or harassment.

Students who need to report an incidence of harassment should complete Form 2130 (Harassment Report Form).


POLICY 2150

NONDISCRIMINATION AND STUDENT RIGHTS

SEARCHES BY SCHOOL PERSONNEL

                                                                                                           

School lockers and desks are the property of the Board of Education and are provided for the convenience of students, and as such, are subject to periodic inspection without notice, without student consent, and without a search warrant.  The lockers and desks may be searched by school administrators or staff who have a reasonable suspicion that the lockers or desks contain drugs, alcohol, material of a disruptive nature, stolen properties, weapons, items posing a danger to the health or safety of students and school employees, or evidence of a violation of school policy.  In addition, the Board of Education authorizes the use of trained dogs to sniff lockers or other school property to assist in the detection of the presence of drugs, explosives, and other contraband.

Students or student property may be searched based on reasonable suspicion of a violation of District rules, policy or state law.  Reasonable suspicion must be based on facts known to the administration, credible information provided or reasonable inference drawn from such facts or information.  The privacy and dignity of students shall be respected.  Searches shall be carried out in the presence of adult witnesses, if such witnesses are available.  Students may be asked to empty pockets, remove jackets, coats, shoes and other articles of exterior clothing for examination if reasonable under the circumstances.

No employee shall perform a strip search of any student.  The exception to this would be if a school administrator reasonably believes that a student possesses a weapon, explosive, or substance that poses an imminent threat of physical harm to himself or herself or another person, and if a commissioned law enforcement officer is not immediately available.  Strip searches may be conducted by, or under the authority of, a commissioned law enforcement officer.

Students are permitted to park on school premises as a matter of privilege, not of right.  The school retains the authority to conduct routine patrols of the student parking lots.  The interior of a student's automobile on school premises may be searched if a school administrator has reasonable suspicion to believe that illegal, unauthorized or contraband items, or evidence of a violation of school policy is contained inside the vehicle.

Law enforcement officials shall be contacted if the search produces a controlled substance, drug paraphernalia, weapons, stolen goods or evidence of a crime, in any case involving a violation of law when a student refuses to allow a search, or where the search cannot safely be conducted.  Parents may also be contacted.  A student who refuses to submit to a search may be appropriately disciplined by school officials.
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REGULATION 2270                                                                                                    

ADMISSION AND WITHDRAWAL

MIGRANT STUDENTS

IDENTIFICATION

For purposes of Board policies and regulations, the phrase migratory students shall mean students aged three (3) through twenty-one (21), who are or whose parents/guardians or spouses are migratory agricultural workers, including migratory dairy workers or migratory fishers; and who in the preceding thirty-six (36) months, in order to obtain or accompany such parents/guardians or spouses in obtaining temporary or seasonal employment in agriculture or fishing work, have moved from one school district to another.

The District will identify migrant students by including a question on the District’s enrollment form. If it is indicated that a migrant student is enrolling, the parents will then be asked to complete a parent survey/family interview form provided by the State Office for Migrant-English Language Learner (MELL) Program.  The Regional Migrant Center or the State Director for Migrant Education will be notified of any migrant students who are enrolled in the District.  The Regional Migrant Center will be contacted for any assistance needed for the migrant student(s).

Services

School district personnel including secretaries, nurses, counselors, teachers and principals will be advised of the presence of eligible migrant students in their assigned school to ensure that equal access to all school programs is provided.  Complaints concerning the placement of migrant students will be resolved by means of the District’s complaint resolution procedure for homeless students.


POLICY 2400 (Regulation 2400)

(Form 2400)

STUDENT EDUCATIONAL RECORDS

A cumulative educational record shall be maintained for each student from his entrance into school through the last date of attendance or through graduation, whichever occurs first.

Each student’s educational record will include information required by State and Federal statutes, regulations or agencies and shall include other information considered necessary by school officials.

The District will comply with the mandates of the Family Educational Rights and Privacy Act (FERPA) and the Safe Schools Act regarding confidentiality of student records and disclosure of personally identifiable information.

The parent/guardian of students who are attending or have attended the District’s schools have the right to inspect and review the educational records of their students and to request amendment of their students’ educational records.  The District has adopted procedures (Regulation 2400) for the granting of parental requests for access to the educational records of their students within a reasonable period of time, but in no case more than forty-five (45) days after the request is made.

All information contained in a student’s educational record, except information designated as directly information by the District, shall be confidential and shall be directly accessible only to school officials who demonstrate a legitimate educational interest in the student’s records snt to parent/guardians or eligible students.

Upon request by military recruiters or an institution of higher learning, the District will provide students’ names, addresses and telephone listings.  Parents will be notified annually of their right to individually request that such information not be released without prior parental consent.  Military recruiters will be provided the same access to students as is given to institutions of higher learning.


POLICY 2655

BULLYING

WARRENSBURG R-VI BULLYING POLICY:

The District is committed to maintaining a learning and working environment free of any form of bullying or intimidation.  Bullying is strictly prohibited on school grounds, or school time, at a school-sponsored activity or in a school-related context.  Bullying is the intentional action by an individual or group of individuals to inflict intimidation, unwanted aggressive behavior, or harassment that is repetitive or is substantially likely to be repeated and causes a reasonable student to fear for his or her physical safety or property; substantially interferes with the educational performance, opportunities, or benefits of any student without exception; or substantially disrupts the orderly operation of the school.  Bullying may consist of physical actions, including gestures, or oral, cyberbullying, electronic or written communication, and any threat of retaliation for reporting acts of bullying.

Cyberbullying means bullying as defined above through the transmission of a communication including, but not limited to, a message, text, sound or image by means of an electronic device including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer or pager.  The District may prohibit and discipline for cyberbullying that originates on any District campus or at a District activity if the electronic communication was made using the school’s technological resources, if there is a sufficient nexus to the educational environment, or if the electronic communication was made on the District’s campus or at a District activity using the student’s own personal technological resources.  Further, students who engage in significant acts of misconduct off campus which materially and adversely impact the education of District students will be subject to discipline.

Bullying, as defined in this policy, is strictly prohibited.  Students are encouraged to report any incident of bullying which they have witnessed or incurred by contacting their building principal, Leslie Brown.  District employees are required to report any instance of bullying of which the employee has witnessed within two (2) school days of the occurrence.  Employees shall report the occurrence to the building principal, who is the person the District designates to receive reports of incidents of bullying.  A principal who receives a report of an incident of bullying shall initiate an investigation into the allegations within two (2) school days of receipt of the report.  The principal may assign other employees to assist in the investigation, or request that the superintendent assign an outside investigator.  The investigation shall be completed within ten (10) school days from the date of the written report of bullying unless good cause exists to extend the investigation.  No employee or student who reports an act of bullying shall be subject to reprisal or retaliation for making such a report.  Any person who engages in reprisal or retaliation against an employee or student who reports an act of bullying shall be subject to disciplinary action.

Students who are found to have violated this policy will be subject to the following consequences depending on factors such as:  age of student(s), degree of harm, severity of behavior, number of incidences, etc.  Possible consequences to a student for a violation of this policy include:  loss of privileges, classroom detention, conference with teacher, parents contacted, conference with principal, in-school suspension, expulsion and law enforcement contacted.

The District shall give annual notice of the policy to students, parents or guardians and staff.  This policy shall be included in all student handbooks.  This policy shall also be posted on the District’s web page (as a Board policy) and a copy shall be placed in the District administrative office.

The District shall provide information and appropriate training to District staff who have significant contact with students regarding the policy.  All staff with significant student contact shall be trained on the requirements of this policy on an annual basis.

The District shall provide education and information to students regarding bullying, including information regarding this policy prohibiting bullying, the harmful effects of bullying, and other applicable initiatives to address bullying, including student peer-to-peer initiatives to provide accountability and policy enforcement for those found to have engaged in bullying, reprisal or retaliation against any person who reports an act of bullying.  The District shall instruct its school counselors, school social workers, licensed social workers, mental health professionals and school psychologists to educate students who are victims of bullying on techniques for students to overcome bullying’s negative effects.  Such techniques include, but are not limited to, cultivating the student’s self-worth and self-esteem; teaching the student to defend himself or herself assertively and effectively;  helping the student develop social skills or encouraging the student to develop an internal locus of control.  District administrators will implement programs and other initiatives to address bullying, to respond to such conduct in a manner that does not stigmatize the victim, and to make resources or referrals available to victims of bullying.


POLICY 2870 

REGULATION 2870 (Form 2870)

STUDENT SERVICES

ADMINISTERING MEDICINES TO STUDENTS

                                                                                                                                                                        

It shall be the policy of the Board of Education that the giving of medicine to students during school hours be discouraged and restricted to medication that cannot be given on an alternative schedule.  The Board of Education recognizes that some students may require medication for chronic or short- term illness/injury during the school day to enable them to remain in school and participate in their education.  Employees providing routine first aid according to District procedures will be immune from liability or disciplinary action. Similarly, trained employees will be immune from civil liability for administering cardiopulmonary resuscitation and other lifesaving methods in good faith and according to standard medical practices.  The Board of Education also recognizes that the administration of medication may be required under Section 504 of the Rehabilitation Act of 1973 and/or the Individuals with Disabilities Education Act to provide a free appropriate public education for students identified as disabled under those laws.


POLICY 2875                                                                                                  

(Regulation 2875)

                                                                                                                      

STUDENT SERVICES

STUDENT ALLERGY PREVENTION AND RESPONSE

The purpose of this policy is to create an organized system for preventing and responding to allergic reactions in accordance with House Bill 922 (2009). This policy is not a guarantee of an allergen-free environment; instead, it is designed to increase awareness, provide education and training, reduce the chance of exposure and outline responses to allergic reactions.

This policy applies to District facilities to which students have access and includes transportation provided by the District. The Board instructs the superintendent or designee to develop procedures to implement this policy.

Identification

An allergic reaction is an immune system response to a substance that itself is not harmful but that the body interprets as being harmful. Allergic reactions range from mild to life- threatening. Each school in the District will attempt to identify students with life-threatening allergies, including food allergies. At enrollment, the person enrolling the student will be asked to provide information on any allergies the student may have.

Prevention

Students with allergies that rise to the level of a disability as defined by law will be accommodated in accordance with District policies and procedures pertaining to the identification and accommodation of students with disabilities. An Individualized Health Plan (IHP), including an Emergency Action Plan (EAP), may be developed for students with allergies that do not rise to the level of a disability.

All staff members are required to follow any 504 Plan or IHP/EAP developed for a student by the District. Staff members who do not follow an existing 504 Plan or IHP/EAP will be disciplined, up to and including termination.

Staff members may be required to discontinue use of air fresheners, oils, candles, incense or other such items intended to add fragrance in any District facilities. This provision will not be construed to prohibit the use of personal care items that contain added fragrance, but the principal may require staff members to refrain from the use of personal care items with added fragrance under particular circumstances.

Staff members are prohibited from using cleaning materials, disinfectants, pesticides or other chemicals except those provided by the District.

The District will not serve any processed foods, including foods sold in vending machines, which are not labeled with a complete list of ingredients. Vended items must include a list of ingredients on the individual package. The food service director will create an ingredient list for all foods provided by the District as part of the District’s nutrition program, including food provided during the school day and in before- and after-school programs. This list will be available upon request.

Prepackaged items used in concessions, fundraisers and classroom activities must include a list of ingredients on the package. If the package does not contain a list of ingredients, the list of ingredients must be available at the location where the package is sold or provided.

Education and Training

All staff members will be annually trained on the causes and symptoms of and responses to allergic reactions. Training will include instruction on the use of epinephrine premeasured auto-injection devices.

Age-appropriate education on allergies and allergic reactions will be provided to students as such education aligns with state Grade-Level Expectations (GLEs) for health education. Education will include potential causes, information on avoiding allergens, signs and symptoms of allergic reactions and simple steps students can take to keep classmates safe.

Confidentiality

Information about individual students with allergies will be provided to all staff members and others who need to know the information to provide a safe learning environment for the student. Information about individual students with allergies will be shared with students and others who do not have a legitimate educational interest in the information only to the extent authorized by the parent/guardian or as otherwise permitted by law, including the Family Educational Rights and Privacy Act (FERPA).

Response

Response to an allergic reaction shall be in accordance with established procedures, including application of the student's 504 Plan or IHP/EAP, where applicable. Each building will maintain an adequate supply of epinephrine premeasured auto-injection devices to be administered in accordance with Board policy.


POLICY 4650

PERSONNEL                                                                                                   

 

PERFORMANCE EVALUATION

STAFF/STUDENT COMMUNICATIONS

Expectations Regarding Communications with Students

Staff members are expected to maintain courteous and professional relationships with students.  For purposes of this policy, “staff member” means any individual employed by the District, including part-time and substitute employees, and student teachers.

Staff members’ communications with students shall be appropriate and consistent with Board policy.  This requirement applies to both personal and professional communication regardless of when, where, in what format (verbal or non-verbal) or through what medium (in-person or electronic) the communication occurs.  Communication shall be deemed to be inappropriate if such communication is sexually suggestive, suggests romantic activity with a student, or is otherwise inconsistent with Board policy.  Violation of this provision will result in disciplinary action up to and including termination of employment.

Although this policy applies to the relationships between staff members and District students, staff members who inappropriately interact with any child may be disciplined or terminated when the District determines such action is necessary to protect students.

Goal and Scope of this Policy

The goal of this policy is to protect students from harm and staff members from allegations of misconduct by requiring staff members to maintain physical and emotional boundaries with students.  The District does not intend to interfere with or impede appropriate interactions between staff members and students.

This policy does not limit staff members from communicating with their children, stepchildren or other persons living within the staff member’s home who happen to be students of the District.

Absolute Prohibitions

There are some interactions between staff members and students that are never acceptable and are absolutely prohibited including, but not limited to:

  1. Touching, caressing, fondling or kissing a student in a sexual manner.

  2. Engaging or attempting to engage in a romantic or sexual relationship with a student.

  3. Engaging in any conduct that violates Board policies, regulations or procedures or constitutes criminal behavior.

Violation of any of these provisions will result in disciplinary action up to and including termination of employment.

Electronic Communications

When communicating electronically with students for educational purposes, staff members are encouraged to use District-provided devices, accounts and forms of communications when available.

As with other forms of communication, staff members must maintain professional boundaries with students while using electronic communication regardless of whether the communication methods are provided by the District or the staff member uses his or her own personal electronic communication devices, accounts, webpages or other forms of electronic communication.

Electronic mail transmissions and other electronic communications sent or received using District-provided equipment, accounts, networks, or other technology shall not be considered confidential and may be monitored at any time by designated staff to ensure appropriate educational or administrative use.

All materials, data, communications and information, including, but not limited to electronic mail, telephone conversations, voicemail recordings, instant messages, and internet and social media activities created on, transmitted to, received or printed from, or stored or recorded on the employee’s personal device for the District’s business or on behalf of the District, including messages to/from students, is the District’s property/data, regardless of who owns the device.

With District permission, staff members may establish websites or other accounts on behalf of the District that enable communications between staff members and students or parents/guardians.  Any such website or account is considered District sponsored and must be professional and conform to all District policies, regulations and procedures.

Staff use of any electronic communication is subject to District policies and legal requirements governing the confidentiality and release of information about identifiable students.  Employees who obtain pictures or other information about identifiable students through their connections with the District are prohibited from posting such pictures or information on personal websites or personal social networking websites without permission from a supervisor as well as the child’s parent or legal guardian.

If concerns are raised regarding communications between a staff member and student, the staff member must be prepared to demonstrate that the communications are appropriate.  The District encourages staff members to consult with their supervisors prior to engaging in behaviors or activities that might violate any of the restrictions set forth in this policy.

Consequences

Staff members who violate this policy may be disciplined, up to and including termination of employment.  Depending on the circumstances and the nature of the conduct, the District may report staff members to law enforcement and the Children’s Division of the Department of Social Services for further investigation, and the District may seek revocation of a staff member’s license(s) with the Department of Elementary and Secondary Education.

Reporting

Any person, including a student, who has concerns about or is uncomfortable with a relationship or activities between a staff member and a student should bring this concern immediately to the attention of a teacher, counselor, or administrator.

Any staff member who possesses knowledge or evidence of possible violations of this policy must immediately make a report to a District administrator. All staff members who know or have reasonable cause to suspect child abuse shall immediately report the suspected abuse in accordance with Board policy and state law. Staff members may be disciplined for failing to make such reports.

Users of the District’s approved electronic communications systems and new technologies must report all inappropriate use of the communications to the Assistant Superintendent for Student Services.

The District will not discipline, terminate or otherwise discriminate or retaliate against a staff member or student for reporting in good faith any action that may be a violation of this policy.

Training

The District will provide training to District staff that includes current and reliable information on identifying signs of sexual abuse in children and potentially abusive relationships between children and adults. The training will emphasize legal reporting requirements and cover how to establish an atmosphere where students feel comfortable discussing matters related to abuse.


POLICY 6116

INSTRUCTIONAL SERVICES   

CURRICULUM SERVICES

STATE MANDATED CURRICULUM: HUMAN SEXUALITY

Any course materials and instruction related to human sexuality and sexually transmitted diseases will be medically and factually accurate and will:

1.   Provide instruction on human sexuality and HIV prevention that is age appropriate;

2.   Present abstinence from sexual activity as the preferred choice of behavior in relation to all sexual activity  for unmarried students;

3.   Advise students that teenage sexual activity places them at a higher risk of dropping out of school;

4.   Stress that sexually transmitted diseases are serious, possible health hazards of sexual activity;

5.   Provide students with the latest medical information regarding exposure to human immunodeficiency  virus, AIDS, human papilloma virus, hepatitis, and other sexually transmitted diseases;

6.   Present students with the latest factually accurate information regarding the possible side effects and  benefits of all forms of contraception;

7.   Include discussions of the possible emotional and psychological consequences of preadolescent and adolescent sexual activity.  Such discussions will include the consequences of adolescent pregnancy, the advantages of adoption, the adoption of special needs children,  and the process involved in making an adoption plan;

8.  Teach skills of conflict management, personal responsibility, and positive self-esteem. Instructions will include the prohibition against making unwanted sexual advances and methods to resist  sexual advances and other negative peer pressures;

9.   Advise students of the laws relating to their financial responsibility to children born out of wedlock and the  criminal sanctions for statutory rape;

10.   Not encourage or promote sexual activity;

11.   Not distribute or aid in the distribution of legally obscene materials to minors on schoolproperty.

12.   Teach students about the dangers of sexual predators, including on-line predators.

13.   Teach students how to behave responsibly and remain safe on the Internet.

14.   Teach students the importance of having open communications with responsible adults.

15.   Teach students how to report an inappropriate activity to a responsible adult, and where appropriate, to  law enforcement, Federal Bureau of Investigations or the National Center for Missing and Exploited  Children’s Cyber Tipline.

16.   Teach students about the consequences, both personal and legal, of inappropriate text messaging, including texting among friends.

         The parents/guardians of each student will be advised of:

  • The content of the District's human sexuality instruction;

  • Their right to remove their student from any part of the District's human sexuality instruction.

         The District's human sexuality curriculum will be available for public examination prior to its use in actual  instruction.  Consideration will be given to separating students by gender for human sexuality instruction. The District will not permit any individual or organization that provides abortion services, to offer, sponsor, or furnish course materials related to human sexuality or sexually transmitted diseases.

 

POLICY 6180

(Form 6180)

INSTRUCTIONAL SERVICES

                                                                 

CURRICULUM SERVICES

ENGLISH LANGUAGE LEARNER (ELL)

The Board of Education is committed to identifying and assessing the educational needs of students whose native or home language is other than English.  Once identified, the District will provide appropriate programs to address the needs of these students.  Students entitled to considerations under this policy include:

Language Minority (LM)

Students who come from a background where English is not the student's first language, or where the primary language of the home is not English or both.

Limited English Proficient (LEP) 

Students whose English language skills are insufficient to lead to success in an English-only classroom.

The District will also take steps to ensure to the maximum extent practicable that the interests of ELL students are included in the development and implementation of District programs and services that are offered by the District to and for its student body.

To ensure that parents/guardians are properly notified of the ELL program, all new and enrolling students are to be given the Student Home Language Survey (Form 6180). The form shall be completed and returned to the school by the parents/guardians if they feel their child may be in need of such services.


REGULATION 6320

(Form 6320)

 

INSTRUCTIONAL SERVICES   

LIBRARY, MEDIA AND TECHNOLOGY SERVICES

 

INTERNET USAGE

PERSONAL RESPONSIBILITY

Access to electronic research requires students and employees to maintain consistently high levels of personal responsibility. The existing rules found in the District's Behavioral Expectations policy (Board Policy/Regulation 2610) as well as employee handbooks clearly apply to students and employees conducting electronic research or communication.

One fundamental need for acceptable student and employee use of District electronic resources is respect for, and protection of, password/account code security, as well as restricted databases files, and information banks. Personal passwords/account codes may be created to protect students and employees utilizing electronic resources to conduct research or complete work.

These passwords/account codes shall not be shared with others; nor shall students or employees use another party's password except in the authorized maintenance and monitoring of the network. The maintenance of strict control of passwords/account codes protects employees and students from wrongful accusation of misuse of electronic resources or violation of District policy, state or federal law. Students or employees who misuse electronic resources or who violate laws will be disciplined at a level appropriate to the seriousness of the misuse.

Personal Devices

As used in the District’s policies and regulations, the term “personal device” refers to any wireless local area network (“WiFi”)-capable mobile device, including any smart phone, laptop, netbook, tablet, eReader, or any other similar digital device.

Acceptable Use

The use of the District technology and electronic resources is a privilege, which may be revoked at any time. Staff and students are only allowed to conduct electronic network-based activities which are classroom or workplace related.  Acceptable use of an employee’s personal device is defined as activities that directly or indirectly relate to the education of students or otherwise carrying out employment duties as assigned by the District.  Acceptable personal use includes reasonable and limited personal communication or recreation when an employee is not engaged in official duties, such as reading or game playing.

Behaviors which shall result in revocation of access shall include, but will not be limited to: damage to or theft of system hardware or software; alteration of system hardware or software; placement of unlawful information, computer viruses or harmful programs on, or through the computer system; entry into restricted information on systems or network files in violation of password/account code restrictions; violation of other users' rights to privacy; unauthorized disclosure, use or dissemination of personal information regarding minors; using another person's name/password/account to send or receive messages on the network; sending or receiving personal messages on the network; and use of the network for personal gain, commercial purposes, or to engage in political activity. Employees may send personal communications on their personal devices when the employee is not engaged in official duties.

Students and employees may not claim personal copyright privileges over files, data or materials developed in the scope of their employment, nor may students or employees use copyrighted materials without the permission of the copyright holder. The Internet allows access to a wide variety of media. Even though it is possible to download most of these materials, students and staff shall not create or maintain archival copies of these materials unless the source indicates that the materials are in the public domain.

Access to electronic mail (E-mail) is a privilege and designed to assist students and employees in the acquisition of knowledge and in efficiently communicating with others. The District E-mail system is designed solely for educational and work related purposes. E-mail files are subject to review by District and school personnel. Chain letters, "chat rooms" or Multiple User

Dimensions (MUDs) are not allowed, with the exception of those bulletin boards or "chat" groups that are created by teachers for specific instructional purposes or employees for specific work related communication.

Students or employees who engage in "hacking" are subject to loss of privileges and District discipline, as well as the enforcement of any District policy, state and/or federal laws that may have been violated. Hacking includes, but is not limited to, the unauthorized review, duplication, dissemination, removal, damage, or alteration of files, passwords, computer systems, or programs, or other property of the District, a business, or any other governmental agency obtained through unauthorized means.

To the maximum extent permitted by law, students and employees are not permitted to obtain, download, view or otherwise gain access to "inappropriate matter" which includes materials that may be deemed inappropriate to minors, unlawful, abusive, obscene, pornographic, descriptive of destructive devices, or otherwise objectionable under current District policy or legal definitions. Similarly, the use of the District network, including use on an employee’s personal device, to access sites which allow the user to conceal their objective of accessing inappropriate material is not permitted.

The District and school administration reserve the right to remove files, limit or deny access, and refer staff or students violating the Board policy to appropriate authorities or for other disciplinary action.

Internet Access

In compliance with the Children’s Internet Protection Act (“CIPA”), 47 U.S.C. § 254, the District uses technological devices designed to filter and block the use of any District computer with Internet access to retrieve or transmit any visual depictions that are obscene, child pornography, or “harmful to minors” as defined by CIPA and material which is otherwise inappropriate for

District students.

Due to the dynamic nature of the Internet, sometimes Internet websites and web material that do not fall into these categories are blocked by the filter. In the event that a District student or employee feels that a website or web content has been improperly blocked by the District’s filter and this website or web content is appropriate for access by District students, the process described below should be followed:

1.   Follow the process prompted by the District’s filtering software (or to remain anonymous, log

      in under log-in name: 123anonymous) and submit an electronic request for access to a

      website, or:

2.   Submit a request, whether anonymous or otherwise, to the District’s Superintendent/the

      Superintendent’s designee.

3.   Requests for access shall be granted or denied within three days. If a request was submitted

      anonymously, persons should either attempt to access the website requested after three days

      or log back in at 123anonymous to see the status of the request.

4.   Appeal of the decision to grant or deny access to a website may be made in writing to the

      Board of Education. Persons who wish to remain anonymous may mail an anonymous request

      for review to the Board of Education at the school district’s Central Office, stating the website

      that they would like to access and providing any additional detail the person wishes to

      disclose.

5.   In case of an appeal, the Board of Education will review the contested material and make a

      determination.

6.   Material subject to the complaint will not be unblocked pending this review process. In the

      event that a District student or employee feels that a website or web content that is available

      to District students through District Internet access is obscene, child pornography, or “harmful

      to minors” as defined by CIPA or material which is otherwise inappropriate for District

      students, the process described set forth in Regulation 6241 should be followed.

Employees using the District network may request that the “technology protection measures” be temporarily disabled on a personal device or District device by the chief building administrator of the building in which the computer is located for lawful purposes not otherwise inconsistent with this policy.

Privileges

The use of District technology and electronic resources is a privilege, not a right, and inappropriate use will result in the cancellation of those privileges. All staff members and students who receive a password/account code will participate in an orientation or training course regarding proper behavior and use of the network. The password/account code may be suspended or closed upon the finding of user misuse of the technology system or its resources.

Network Etiquette and Privacy

Students and employees are expected to abide by the generally accepted rules of electronic network etiquette. These include, but are not limited to, the following:

1.   System users are expected to be polite. They may not send abusive, insulting, harassing, or threatening messages to others.

2.   System users are expected to use appropriate language; language that uses vulgarities or obscenities, libels others, or uses other inappropriate references is prohibited.

3.   System users may not reveal their personal addresses, their telephone numbers or the addresses or telephone numbers of students, employees, or other individuals during Email transmissions.

4.   System users may not use the District's electronic network in such a manner that would damage, disrupt, or prohibit the use of the network by other users.

5.   System users should assume that all communication and information is public when transmitted via the network and may be viewed by other users. The District may access and read electronic communications on a random basis.

6.   Use of the District's electronic network for unlawful purposes will not be tolerated and is prohibited.

Services

While the District is providing access to electronic resources, it makes no warranties, whether expressed or implied, for these services. The District may not be held responsible for any damages including loss of data as a result of delays, non-delivery or service interruptions caused by the information system or the user's errors or omissions. The use or distribution of any information that is obtained through the information system is at the user's own risk. The District specifically denies any responsibility for the accuracy of information obtained through Internet services.

Security

The Board recognizes that security on the District's electronic network is an extremely high priority. Security poses challenges for collective and individual users. Any intrusion into secure areas by those not permitted such privileges creates a risk for all users of the information system.

The account codes/passwords provided to each user are intended for the exclusive use of that person. Any problems, which arise from the user sharing his/her account code/password, are the responsibility of the account holder. Any misuse may result in the suspension or revocation of account privileges. The use of an account by someone other than the registered holder will be grounds for loss of access privileges to the information system.

Users are required to report immediately any abnormality in the system as soon as they observe it. Abnormalities should be reported to the classroom teacher or system administrator.

The District shall use filtering, blocking or other technology to protect students and staff from accessing internet sites that contain visual depictions that are obscene, child pornography or harmful to minors. The District shall comply with the applicable provisions of the Children's Internet Protection Act (CIPA), and the Neighborhood Internet Protection Act (NCIPA).

Vandalism of the Electronic Network or Technology System

Vandalism is defined as any malicious attempt to alter, harm, or destroy equipment or data of another user, the District information service, or the other networks that are connected to the Internet. This includes, but is not limited to the uploading or the creation of computer viruses, the alteration of data, or the theft of restricted information. Any vandalism of the District electronic network or technology system will result in the immediate loss of computer service, disciplinary action and, if appropriate, referral to law enforcement officials.

Consequences

The consequences for violating the District's Acceptable Use Policy include, but are not limited to, one or more of the following:

1.   Suspension of District Network privileges;

2.   Revocation of Network privileges;

3.   Suspension of Internet access;

4.   Revocation of Internet access;

5.   Suspension of computer access;

6.   Revocation of computer access;

7.   School suspension;

8.   Expulsion; or

9.   Employee disciplinary action up to and including dismissal.