Section J
|
JA
JB JC JD*
JE*
JF
JG
JH* JI* JJ* JK JL JM
JN
JO |
Student Policies Goals
Equal Educational Opportunities School Census
Student Attendance
Student Rights and Responsibilities
Student Discipline
Student Welfare Student Awards and Scholarships Student Volunteers for School and Public Service Student Gifts and Solicitations Staff-Student Relations (Also GBH)
Student Fees, Fines and Charges
Student Records |
* These topics are not currently covered by Board policy.
File: JA
The Board advocates the following goals to:
1. enhance equal educational opportunities for all students;
2. instill in all students the ability to be critical thinkers and to strive for lifelong
learning;
3. promote faithful attendance;
4. ensure that the Constitutional rights of all students as citizens in a democracy
have practical meaning and application;
5. develop in students a deep sense of personal responsibility for their actions;
6. attend vigorously to matters of student safety, health and welfare;
7. deal justly and constructively with all students in matters of discipline and
8. help all students feel that they are valued as individual persons in the school
environment.
[Adoption date: October 21, 2004]
LEGAL REFS.: Ohio Const. Art. II
ORC 3313.48
File: JAA
STUDENT POLICIES PRIORITY OBJECTIVES
Miamisburg City Schools encourages each student to:
1. achieve a feeling of self-worth;
2. accept the worth and dignity of all people;
3. be creative in his/her selected fields of endeavor;
4. develop a positive attitude toward the rights and privileges of participating
citizenship and an understanding of the responsibilities involved;
5. grow as a responsible member of his/her family and to recognize the family as
the basic social unit;
6. attain and preserve good physical and mental health;
7. plan for and appreciate the wise use of leisure time;
8. develop skills and abilities to communicate ideas and feelings;
9. acquire habits of analytical thinking and problem solving;
10. achieve his/her potential in the basic academic areas;
11. develop skills necessary to utilize all available educational resources;
12. understand the American economic system and its relationship to a productive
life;
13. realize the role of vocations in society and to understand the changing
opportunities open to him/her and
14. utilize guidance and counseling services to help him/her with vocational
planning.
[Adoption date: October 21, 2004]
File: JB
EQUAL EDUCATIONAL OPPORTUNITIES
All students of the District have equal educational opportunities.
Students have the right to be free from discrimination on the basis of race, color, national origin, citizenship status, religion, sex, economic status, marital status, pregnancy, age or disability in all decisions affecting admissions; membership in school-sponsored organizations, clubs or activities; access to facilities; distribution of funds; academic evaluations or any other aspect of school-sponsored activities. Any limitations with regard to participation in a school-sponsored activity are based on criteria reasonably related to that specific activity.
[Adoption date: October 21, 2004]
LEGAL REFS.: Civil Rights Act, Title VI; 42 USC 2000d et seq.
Civil Rights Act, (Amended 1972), Title VII; 42 USC 2000e et seq.
Executive Order 11246, 1965, amended by Executive Order 11375
Education Amendments of 1972, Title IX, Pub. L. No. 92-318 (1972)
Individuals with Disabilities Education Act
Vocational Rehabilitation Act of 1973, Section 504
ORC 3313.64
OAC 3301-35-02(a)(2)
Americans with Disabilities Act; 42 USC 12112 et seq.
CROSS REFS.: AC, Nondiscrimination
ACA, Nondiscrimination on the Basis of Sex
ACB, Nondiscrimination on the Basis of Disability
GBA, Equal Opportunity Employment
IGBA, Programs for Students with Disabilities
IGBB, Programs for Gifted and Talented Students
IGBI, English as a Second Language (Limited English Proficiency)
IGBJ, Title I Programs
JFA, Student Due Process Rights
File: JB-R
EQUAL EDUCATIONAL OPPORTUNITIES
Designation of Equal Educational Opportunities Officers
1. The Director of Pupil Services/Federal Programs is the designated E.E.O.
Officer for monitoring and ensuring the District’s compliance with Title IX,
Education Amendments of 1972 pertaining to student recreational and athletic
activities, student guidance and counseling services, and student curricular and
extracurricular educational experiences.
2. The Director of Pupil Services/Federal Programs is the designated E.E.O.
Officer for monitoring and ensuring the District’s compliance with P.L. 94-142
and P.L. 93-112, Section 504, relating to students with disabilities, and for all
other state and federal statutes or regulations pertaining to students with
disabilities.
Notification of Name, Position, Address and Telephone Numbers of E.E.O. Officer
1. The name, position, address and telephone number of each E.E.O. Officer is
published in the District Annual Report, together with a brief description of the
complaint procedure and appeal process.
2. All appeals shall be processed in accordance with Section 504, P.L. 93-112 or
with Title IX, Education Amendments of 1972, and shall include both informal
and formal appeals, with final internal appeal to the Superintendent.
(Approval date: October 21, 2004)
File: JB-1-E
FORMAL GRIEVANCE
P.L. 94-142 and Section 504
P.L. 93-112 and Title IX Regulations
File: JB-2-E
INFORMAL CONFERENCE RECORD WITH REPONSIBLE ADMINISTRATOR
P.L. 94-142
504 AND TITLE IX REGULATIONS
File: JB-3-E
FORMAL GRIEVANCE
P.L. 94-142 and Section 504
P.L. 93-112 and Title IX Regulations
File: JC
The Board determines attendance areas for the various schools of the District. The Superintendent recommends boundary lines, taking into consideration the best use of school facilities, the equalization of enrollments in classrooms, natural barriers and traffic hazards and patterns. Except as the foregoing factors influence boundary lines, the area established should permit each student to attend the school nearest his/her place of residence.
Students are expected to attend the schools in the areas in which they live; individual exceptions may be made within Board policy or may be made in the best interests of the student and/or the schools.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3313.48; 3313.64; 3313.65; 3313.97
3319.01
CROSS REFS.: JECBD, Intradistrict Open Enrollment
JECC, Assignment of Students to Schools
File: JEA
Under law, children between the ages of six and 18 are of compulsory school age. Every person of compulsory school age must attend a school which conforms to the Minimum Standards prescribed by the State Board of Education until one of the following occurs.
1. The person receives a diploma granted by the Board or other governing
authority indicating such student has successfully completed all state and local
requirements.
2. The person is excused from school under standards adopted by the State
Board of Education pursuant to State law.
The parent(s) of any person that is of compulsory school age must send such person to school unless he/she is exempt as listed above.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3321.01 et. seq.
3331.02
OAC 3301-35-02
CROSS REFS.: IGBG, Home Bound Instruction
JEB, Entrance Age (Mandatory Kindergarten)
JEG, Exclusions and Exemptions from School Attendance
JFE, Pregnant Students
File: JEB
ENTRANCE AGE
(Mandatory Kindergarten)
Each child who is five years of age on or before September 30 shall be eligible to enroll in kindergarten. Each child who is six years of age on or before September 30 and who has successfully completed kindergarten shall be eligible to enroll in the first grade.
When a request for early entrance to kindergarten is received, the building principal interviews the parent(s) and child and arranges for the testing. The child’s fifth birthday must fall between October 1 and December 31 of the year requested for early entrance. The testing assists the Superintendent by measuring the following areas.
1. The child’s mental age should be between 14 and 16 months above his/her
chronological age as determined by standardized tests.
2. The child’s total I.Q. should be at least 125 on a deviation scale as determined
by standardized testing.
3. The child should possess and demonstrate social and emotional characteristics
that permit conformity with the pattern of behavior commonly expected of
children in kindergarten.
4. Admission of the child is recommended by both the school psychologist and
building principal.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3321.01
OAC 3301-35-03(F)(1)
CROSS REF.: JEA, Compulsory Attendance Ages
File: JEC
The District provides free education to District residents, ages of three to five for identified / qualified pre-school and five through 21 for those who do not possess a diploma.
A student is considered a resident of the District if he/she resides with a parent or a person or government agency with legal custody whose place of residence is within the boundaries of the District.
New entrants at all grade levels are required to present at the time of enrollment a birth certificate or other document as evidence of birth, a certified copy of any child custody order or decree, proof of having received or being in the process of receiving required immunizations and copies of those records pertaining to him/her which are maintained by the school most recently attended.
In addition, students released from the Department of Youth Services (DYS) just prior to requesting admission to the District, may not be admitted until the Superintendent has received all required documents provided by DYS. Forwarded documents are:
1. an updated copy of student’s transcript
2. a report of the student’s behavior in school while in DYS custody
3. the student’s current individualized educational plan (IEP) if developed, and
4. a summary of the institutional record of the student’s behavior
DYS has 14 days to send the documents to the Superintendent.
[Adoption date: December 16, 2004]
[Revised date: June 28, 2007 ]
LEGAL REFS.: ORC 3313.48; 3313.64; 3313.67; 3313.671; 3313.672
3317.08
3319.321
3321.01
3301.51096E
OAC 3301-35-03(F)
CROSS REFS.: AFI, Evaluation of Educational Resources
JEE, Student Attendance Accounting (Missing and Absent Children)
JHCB, Inoculations of Students
File: JECA
ADMISSION OF RESIDENT STUDENTS
Designated Attendance Areas for Resident Students
All resident students residing within the boundaries of the District shall attend the school designated for the student’s particular area of residency, unless variance has been approved. Such a variance may be granted when the welfare of the student may be affected. Transportation of the student becomes the responsibility of the parent.
Determining Resident Status
The following conditions shall constitute residency for which tuition will not be charged:
1. the custodial parent(s)/guardian(s) reside in the District;
2. the parents are separated or divorced, but both parents reside in the District;
3. the parents are legally separated or divorced and the custodial parent resides
in the District;
4. the child is placed in a foster home, or moves to another home in the District
and the parent(s) reside in the District;
5. the student (under 18 years of age) is married and lives with a resident spouse;
6. the student is 18 years of age but not more than 21, resides in the District, lives
apart from his/her father and mother and supports himself/herself by his/her own
labor or
7. the student is a foreign exchange student recommended by an approved
service or educational organization.
[Adoption date: October 21, 2004]
File: JECAA
ADMISSION OF HOMELESS STUDENTS
The Board believes that all school-aged students, including homeless students, have a basic right to admission in the District schools and equal educational opportunities. Accordingly, the District must enroll each homeless student in the District in the school determined to be in the student’s best interest. A homeless student or individual is defined as an individual who lacks fixed, regular and adequate nighttime residence and who has a primary nighttime residence and includes those who are:
1. sharing the housing of other persons because of loss of housing, economic
hardship or a similar reason;
2. living in motels, hotels, trailer parks, or camping grounds because of the lack of
alternative adequate accommodations;
3. living in emergency or transitional shelters;
4. awaiting foster care placement;
5. living in a primary nighttime residence that is a public or private place not
designed for or ordinarily used as regular sleeping accommodations for human
beings;
6. living in cars, parks, public spaces, abandoned buildings, substandard housing,
bus or train stations, or similar settings or
7. living in a migratory situation that qualifies as homeless because a child lacks a
fixed, regular and adequate nighttime residence.
In compliance with the Stewart B. McKinney Homeless Assistance Act, the District must enroll a homeless student in either:
1. the school of origin for the remainder of the academic year or, if the student
becomes homeless between academic years, for the following academic year
or
2. the school which he/she would attend if he/she were a resident of the District.
The Board ensures that:
1. it reviews and revises Board policies and regulations to eliminate barriers to
the enrollment, retention and success in school of homeless students;
2. it appoints a District liaison who ensures that homeless students enroll and
succeed in school and
3. homeless students are provided with transportation services that are at least
comparable to the service provided to non-homeless students.
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File: JECAA
If the District receives sub grants to implement this policy, the liaison ensures compliance with the sub grant and coordinates services for homeless students with local social service agencies and programs, including those funded under the Runaway and Homeless Youth Act.
To the extent feasible, the District complies with the request made by a parent(s) regarding school placement regardless of whether the student lives with the homeless parent(s) or is temporarily residing elsewhere.
A student who ceases to be homeless may continue to receive services until the end of the period of time for which the service was originally intended to be provided, which may be the end of the school year or the end of a program cycle.
The District complies with the Ohio Department of Education’s Plan, Ohio and Federal law for the education of homeless children and youth.
[Adoption date: October 21, 2004]
LEGAL REF.: 42 USC Sections 11431 et seq.
CROSS REF.: AC, Nondiscrimination
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File: JECB
ADMISSION OF NONRESIDENT STUDENTS
The Board will not accept (tuition) students who are neither residents nor entitled to receive a free public education in this District. Residence is defined as being physically present and living as a householder during significant parts of each day and night. Indicators of residency include such activities as sleeping, working, eating and receiving mail at the householder’s address. This Board recognizes that students who are in the joint custody of divorced parents are entitled to attend school tuition free in the district of residence of either parent.
In order to be eligible for a free public education in the District’s schools, a student must be the child of a resident of the District. If legal or permanent custody or legal guardianship of the student has been granted by a court to a resident of the District or a government agency within the District, the student is entitled to attend District schools and tuition is paid in compliance with State law.
In compliance with State law, students are exempt from paying tuition when:
1. an adult resident of the District submits a sworn statement that he/she has
begun legal custody proceedings for the student (maximum 60 days permitted);
2. the student is at least 18 but not yet 22 years of age and resides in the District,
lives apart from his/her parent(s), supports himself/herself by his/her own labor
and does not possess a high school diploma;
3. the student is under 18 years of age, resides in the District and is married,
regardless of the residence of the parent(s);
4. the student has a medical condition which may require emergency attention and
his/her parent is employed in the District;
(The parent(s) of such child must submit to the Board a statement from the
child’s physician certifying that the child’s medical condition may require
emergency medical attention.)
5. the student resides with a person other than his/her parent(s) and such student
has a parent serving outside Ohio in the U.S. Armed Services;
(The student’s parent(s) must file an affidavit with the Superintendent stating (1)
that the parent is serving outside the state in the U.S. Armed Services, (2) that
the parent intends to reside in the District upon returning to the state, and (3) the
name and address of the person with whom the student is living while the parent
is outside the state. This tuition exemption may be granted only for a period of
up to 12 months.)
6. the student resides with a parent who is planning to either have a home built or
has purchased a home in the District and is waiting for the closing date of the
mortgage loan;
(The student’s parent(s) must provide the Superintendent with a sworn
statement revealing the location of the house and the parent(s)’ intention to
reside there. The parent(s) must also provide a statement from a homebuilder,
real estate broker or bank officer confirming that the house construction is
planned or is awaiting approval of the mortgage loan. The period for tuition-free
attendance in these cases may extend up to 90 days or as established by the
Superintendent.)
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File: JECB
7. the student resides with his/her parent(s) under the care of a shelter for victims
of domestic violence;
8. This District does not accept students on the basis of the grandparent issue/act.
9. the student is under the age of 22 and his/her parent(s) moved from the District
following the commencement of classes during the student’s senior year, for the
remainder of the school year and for one additional semester, provided the
Board has approved such a procedure;
10. the student is under the age of 22 and because of the death of a parent resides
in a new school district;
(The student is entitled to finish the current school year in the District upon
approval of the Board.)
11. the student is under the age of 22 and the superintendent of the district in which
the student is entitled to attend (the student’s district of origin) enters into a
contract with the Superintendent of this District (the district into which the
student wishes to enroll) consenting to the attendance of the student in this
District;
(The Superintendent of this District specifies that the purpose of such
attendance is to protect the student’s physical or mental well-being or to deal
with other extenuating circumstances deemed appropriate by the
Superintendent.)
The following conditions shall constitute non-residency and parent(s)/guardian(s) of students attending District schools under these conditions shall be required to pay tuition:
Children placed in a foster home by a private agency or by a governmental agency such as court of appropriate jurisdiction or the Welfare Department. Approval shall be obtained from the Pupil Personnel Director and written assurance of tuition payment must be obtained by the Treasurer from the student’s resident district.
The Board does not waive the payment of tuition, except:
1. when agreements have been established with other boards of education to
serve their students in vocational or special education classes on a cooperative
basis, as permitted by law or
2. when foreign exchange students, sponsored under an approved exchange
program, reside in the District temporarily.
In all cases, specific Board permission to waive tuition must be obtained for each individual case.
The District may temporarily deny admittance to any student who is otherwise entitled to be admitted to the District, if the student has been expelled from the schools of another district and if the period of expulsion has not expired. The student and parent(s) will have an opportunity for a hearing before the Superintendent/designee to determine the admittance or non-admittance of the student.
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File: JECB
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3311.211
3313.64; 3313.644; 3313.65
3317.08
3327.04; 3327.06
OAC 3301-35-03; 3301-42-01
CONTRACT REFS.: Teachers’ Negotiated Agreement
Classified Staff Negotiated Agreement
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File: JECBA
ADMISSION OF EXCHANGE STUDENTS
The Board believes that one of the most effective vehicles for improving international understanding is communications among the individuals of various nations. Accordingly, the Board endorses the involvement of high school students and their families in recognized foreign exchange student programs. The Superintendent and administrative staff are responsible for developing regulations to direct the involvement of the high school with such programs.
Exchange students are not responsible for tuition if sponsored under an approved exchange program while temporarily residing in the District with a host family. Exchange students must meet the regulations and expectations of local students, including immunization requirements.
Exchange students are encouraged to participate in all student activities, provided they meet the academic requirements.
The Board reserves the right to limit the number of exchange students in any given year.
Foreign exchange students not enrolled in a state-approved educational or exchange program must be legally adopted by a resident of that school district in order to be eligible for athletics.
[Adoption date: October 21, 2004]
File: JECBA-R
ADMISSION OF EXCHANGE STUDENTS
School Admissions: Foreign Students
Students who are residents of a foreign nation may be admitted to schools in the District provided they are recommended as a foreign exchange student by an approved service or educational organization. Generally, such organizations must be listed in the Council on Standards for International Education Travel advisory list of international educational, travel and exchange programs. Additionally, the sponsoring agency must not charge the student or their family a participation fee which exceeds the cost of travel expenses, insurance and minimal spending money. The total number of exchange students in the school during any semester shall be determined by the Superintendent. First priority will be given to the Rotary Exchange, AFS Exchange and Owen Sound Sister City Exchange Student program.
It is expected that the sponsoring family will contact the District’s pupil service’s office as soon as they determine that an appropriately sponsored exchange student will be placed with them. As a minimum, all exchange students must enroll and be registered for classes at least two weeks (10 working days) prior to the start of the school year. Appropriate placement and the development of the exchange student’s course(s) and daily schedule are contingent upon prior notification. Failure to provide notification will preclude placement of the exchange student in a District school.
Students admitted as foreign exchange students will be expected to participate in community enrichment activities such as speaking engagements, in-school cultural presentations and extracurricular school activities.
Students shall be admitted as residents and are expected to be able to perform satisfactorily in speaking and writing of the English language. The District will not be responsible for providing individual tutoring for foreign students either in English as a second language or for individual courses. Students who are unable to perform satisfactorily in the speaking and writing of English may be admitted. However, they shall receive no credit for classes and shall receive only a certificate of attendance
(Approval date: October 21, 2004)
File: JECBB
ADMISSION OF INTERDISTRICT TRANSFER STUDENTS
The Board does not participate in an open enrollment program for students from other districts and does not accept such students.
[Adoption date: October 21, 2004]
LEGAL REF.: ORC 3313.98
File: JECBC
ADMISSION OF STUDENTS
FROM NONCHARTERED OR HOME SCHOOLING
Resident Miamisburg students pursuing an education through the home schooling option shall be excused from attendance in accordance with Chapter 3301-34 of the Ohio Administrative Code. Students seeking admission into the District’s schools who have been enrolled in non-chartered schools or home schooling programs may be required to take competency examinations. The purpose of these examinations is to determine the proper grade placement for these students. Grades for credits granted shall be entered into the permanent record as “Passed” (P) and shall not be calculated in determining grade point average or class rank.
In making a placement decision, the Superintendent may consider:
1. the student’s most recent annual academic assessment report;
2. whether to require the student to take any or all of the nationally normed,
standardized achievement tests that are regularly scheduled for District
students of similar age;
3. whether to require a student in grades 6-8 to take final exams for grade level
placement;
4. whether to require a student in grades 9-12 to take final exams for credit only
and
5. other evaluation information that may include interviews with the student and the
parent.
Home schooled students and/or part-time students are not eligible for designation as salutatorian or valedictorian for graduation purposes.
Special education services will be provided to home schooled students in accordance with applicable State and Federal laws and regulations.
Home schooled students who wish to participate in cocurricular or extracurricular activities must be enrolled in the District schools on a part-time basis. Part-time enrollment is defined as:
High school (9-12) enrolled in at least 1 full credit, core academic course per
semester. (Core academic is defined as language arts,
mathematics, foreign language, science, social studies.)
Middle school (7-8) 2 courses including 1 year-long core academic.
Elementary (K-6) 1/2 day defined as a minimum of 3 hours.
Parents of a part-time enrolled student must provide weekly documentation of academic progress in order for the student to be declared eligible for participation. All other athletic eligibility requirements must be met to maintain eligibility.
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File: JECBC
[Adoption date: October 21, 2004]
LEGAL REF.: OAC 3301-34-06
CROSS REFS.: IGBG, Home Bound Instruction
IGCF, Home Education
IGD, Cocurricular and Extracurricular Activities
2 of 2
File: JECBD
Students should be permitted to attend their school of choice within the District. The Board permits students to apply for attendance at their school of choice based upon criteria established by the school administration. The specific criteria are consistent with State law and include application procedures, including deadlines for application and notification of students and principals of alternative schools, whenever a student’s application is accepted. Only students wishing to attend a school other than their assigned school need apply.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3313.64; 3313.65; 3313.97
CROSS REF.: JECC, Assignment of Students to Schools
File: JECBD-R
INTRADISTRICT OPEN ENROLLMENT
The Board believes that students should be permitted to attend their school of choice within the District. The Board will permit students to apply for attendance at their school of choice based upon criteria established by the school administration. The specific criteria shall be consistent with State law and shall include:
1. Students assigned by attendance area to a specific school building will be
given first priority.
2. Transfers may not create a racial imbalance.
3. Grade level and program balance must be maintained. The following will be
used to determine eligibility for intradistrict open enrollment:
A. Kindergarten – 20 students per class
(When a request for intradistrict will take the school’s student teacher ratio
for kindergarten to 20.1 to 1 or above, that request shall be denied.)
B. Grades 1-5 – 23 students per class
(When a request for intradistrict will take the school’s student teacher ratio
for that grade level to 23.1 to 1 or above, that request shall be denied.)
4. With the exception of those requests approved prior to April 25, 2002,
intradistrict transfer requests will be approved for one school year only. Annual
re-application will be required. (Per previously adopted policy, intradistrict
transfer requests approved prior to April 25, 2002 shall remain in effect for the
remainder of the child’s K-5 school career.)
5. Students receiving special education services are required to attend the school
within the District where the services specified on the student’s IEP are currently
available.
6. The parent of each student must apply in writing to the building principal of
choice for intradistrict placement NLT June 15 each year. The school principal
will determine if the criteria for eligibility can be met. Each application will be
date/time stamped upon receipt. Selection for consideration will be rank
ordered by lottery from the applications received on/before the deadline.
7. The building principal of choice will provide the Director of Pupil Services
recommendation for or against granting the intradistrict transfer request. In
accordance with the above stated standards, the Director of Pupil Services will
make the final decision whether to grant or to deny the intradistrict transfer
request.
8. The Director of Pupil Services will notify the parents when action has been
taken on their request.
9. Transportation shall be the responsibility of the parent. Bus transportation will
be available from an existing stop that serves the requested school.
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File: JECBD-R
10. The student, once reassigned, will remain in the school of choice for that school
year.
11. Once the school year has commenced, any elementary student who changes
residence to another elementary attendance area may stay in their original
elementary school.
(Approval date: October 21, 2004)
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File: JECC
ASSIGNMENT OF STUDENTS TO SCHOOLS
The Board approves attendance areas. Students attend the school that serves the attendance area in which their parents reside or, upon acceptance, the student may attend another school pursuant to the District’s intradistrict open enrollment policy.
The Superintendent has authority to assign students to schools. The Superintendent or his/her designee is authorized to make exceptions on the basis of hardship and student need and to assign a student to a school outside his/her own attendance area.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3313.49; 3313.64; 3313.65; 3313.97
3319.01
CROSS REFS.: JC, School Attendance Areas
JECBD, Intradistrict Open Enrollment
File: JECD
ASSIGNMENT OF STUDENTS TO CLASSES
Grade placement shall be the responsibility of the principal and shall be based on general achievement, consideration being given to the mental, physical, emotional and social maturity of the student. In general, students transferring into the system will be placed in the same grade level as in the school from which they transferred, but students transferring, as well as continuing students, may be retained or advanced in grade at the principal’s discretion.
[Adoption date: October 21, 2004]
File: JECE
STUDENT WITHDRAWAL FROM SCHOOL
(Loss of Driving Privileges)
When the Superintendent receives information that a student of compulsory school age has withdrawn from school, the Superintendent must, within two weeks after the withdrawal, notify the registrar of motor vehicles and the county juvenile judge. Notification is not necessary if a student has withdrawn because of a change of residence; the student is enrolled in and attending, in accordance with District policy, an approved program to obtain a diploma or its equivalent and is regularly employed.
Notification to the registrar of motor vehicles and the county juvenile judge must comply with State and Federal law.
After receiving such information from the Superintendent, the registrar of motor vehicles is required to suspend the temporary instruction permit or driver’s license of the student who is the subject of the notice. If a temporary permit or license has not been issued to that student, the registrar is prohibited from issuing a temporary permit or a license. Any denial of driving privileges would remain in effect until the student reaches 18 or until the denial of driving privileges is terminated for another reason allowable under State law.
In compliance with State law, a student whose driving privileges have been denied can file a petition seeking his/her reinstatement with the juvenile court in whose jurisdiction he/she resides.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3319.321
3321.13
4507.061
Family Educational Rights and Privacy Act; 20 USC 1232g
File: JED
Attendance
Pursuant to the Compulsory Attendance Law as defined by the Ohio Revised Code, all students enrolled in the District will be expected to attend school daily and attend all scheduled classes for the time period designated as the “school year” by the District. The District believes there is a direct correlation between a student’s academic success and attendance. Frequent absences from school disrupts the educational process and as a result, the benefit of regular classroom instruction is diminished.
Procedures
This attendance policy shall be administered as follows:
1. Absence Calls
If a student must be absent from school for one of the excused/authorized
reasons, the parent or guardian will call the school involved on the day of the
absence, no later than 8:30 a.m. (6-12) or 9:30 a.m. (K-5) to notify the
attendance office and explain the nature of the absence and its duration. Each
school shall maintain an accurate log of all such calls. As a minimum, the log
shall include name of student, person (parent or guardian) making the call, date
and time of call, reason (see excused/authorized code) for absence and the
name of the person taking the call. This log shall be maintained for a minimum
of five years. Upon returning to school, the student needs to provide a note
stating the reason for the absence.
2. Make-up Work
When a student knows he or she is going to be out from school they will be
required to use the “out of school make-up work form” to inform the teachers of
his or her absence. If teachers are able to get the work together prior to the
student being out, students can take the work with them. If teachers are not able
to gather the work ahead of time, the student will be presented with the work
upon their return. There may be some classroom or laboratory work which, due
to its nature, may not be able to be made up. When this issue arises, an
alternative assignment may be given in place of this classroom or laboratory
work. The number of consecutive days of absences, excused and unexcused,
plus one day, equals the time allocated for make-up of missed work. The
obligations for approaching his/her teacher for make-up tests, quizzes,
assignments and homework is solely the student’s. Failure to complete
make-up work in the prescribed number of days or within the period of time
mutually agreed upon by the teacher and student (in special cases) will result in
the loss of credit for the make-up work.
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3. Excused/Authorized Absences
Excused/authorized absences will be defined as an absence from school or a
scheduled class due to one of the following reasons:
A. personal illness;
B. illness in the immediate family;
C. quarantine of the home;
D. death of a relative;
E. observance of recognized religious holidays*;
F. emergency or set of circumstances which in the judgment of the
Superintendent constitutes a good and sufficient cause for absence from
school;
G. medical or dental appointment;
H. college visitation.
*Absences for religious holidays will not affect a student’s perfect attendance
record.
The explanation of each past absence shall be made by the parent or guardian
to the Superintendent or to the person designated by the Superintendent to
approve or disapprove absences for each school in the District.
4. Unexcused/Unauthorized Absences
Unexcused/unauthorized absences are defined as those student absences not
meeting the criteria for excused/authorized absences. Some examples of
unexcused/unauthorized absences are:
A. shopping;
B. oversleeping;
C. missing bus/ride;
D. non-school athletic events;
E. haircuts or hair appointments;
F. individual student trips;
G. vacation;
H. hunting;
I. fishing.
Parental permission shall not make an absence excused/authorized if it does
not meet the criteria set forth above. Unexcused/unauthorized absences will
be treated as truancy from school at the discretion of the school principal.
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5. Tardy to School
All students arriving late to school anytime during the day will be considered
tardy. All such students will report to the attendance secretary or principal in
charge of attendance immediately upon entering the building. They will receive
an admit slip and their tardiness/absence will be recorded before they are sent
to class. No one will be admitted to a class without an admit slip. These
tardies as well as tardies throughout the day to individual classes will be
reasons for a student to receive discipline and incur the sanctions as
prescribed by civil and legal rights and responsibilities, conduct, due process,
sanctions and Miamisburg City Schools’ sanctions.
6. Early Dismissals
All students who must leave school during the day for an appointment must
submit a request for an early dismissal to the attendance office or principal in
charge of attendance prior to the first period of the day of the appointment. This
written request must include the student’s name, the time for early dismissal and
the reason for requesting the early dismissal. This note must be signed by a
parent or guardian and include a phone number where they can be reached that
day. No early dismissals will be granted without fulfillment of the above
requirements. The student will pick up his/her early dismissal slip prior to
leaving school, sign out with the attendance secretary, and sign back in
immediately upon return.
7. Ill Students
All students who feel ill must report to the principal in charge of attendance or
the attendance office before reporting to the clinic or going home. Permission
is required from an administrator to be admitted to the clinic. Duration of stay in
the clinic should not exceed 30 minutes. If a determination is made that a
student is unable to complete the school day due to illness, a parent or guardian
will be called to grant permission for that student to be sent home. All students
leaving the building for any reason will have in their possession an appropriate
pass and sign out in the attendance office.
8. Period Attendance
Students are expected to attend all scheduled classes.
Unexcused/unauthorized absence from a scheduled class will result in
disciplinary action in accordance with civil and legal rights and responsibilities,
conduct, due process, sanctions and Miamisburg City Schools’ sanctions.
Referrals of such students will be made to the attendance office by the teacher
on the Daily Attendance Sheet.
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Students found to be in violation or disregard of the provisions and
prescriptions contained in the above Attendance Policy will incur disciplinary
action or sanctions as authorized by civil and legal rights and responsibilities,
conduct, due process, sanctions, and Miamisburg City Schools’ sanctions.
[Adoption date: October 21, 2004]
[Revised: August 17, 2006 ]
[Revised: October 10, 2007]
[Revised: January 15, 2009]
LEGAL REFS.: ORC 3321.01; 3321.04; 3321.13; 3321.14; 3321.38
4507.061
OAC 3301-35-02; 3301-35-03
3301-51-13
CROSS REF.: JHC, Student Health Services and Requirements
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STUDENT ABSENCES AND EXCUSES
Students Habitually Absent – Loss of Driving Privileges
When the Superintendent receives information that a student of compulsory school age has been absent without legitimate excuse for more than 10 consecutive days or a total of at least 15 days in any term or semester, the following procedure applies.
1. Superintendent notifies, in writing, the student and his/her parent(s) and states
that information regarding the student’s absences has been provided to the
Superintendent, and, as a result of that information, the student’s driving
privileges are denied. This notification also states that the student and his/her
parent(s) may appear before the Superintendent/designee to challenge the
information provided to the Superintendent.
2. The notice from the Superintendent to the student includes the scheduled time,
place and date of the hearing, which is scheduled between three and five days
after the notification is given. Upon the request of the student or parent(s), an
extension may be granted by the Superintendent. The Superintendent must then
notify the student and the parent(s) of the new hearing time, place and date.
3. At the hearing before the Superintendent/designee, the student has an
opportunity to present evidence that he/she has not be habitually absent without
legitimate excuse. State law defines “legitimate excuses” for absence from
school to include, but not be limited to:
A. enrollment in another school or school district in Ohio or another state;
B. Possession of an age and schooling certificate (GED);
C. a bodily or mental condition that prohibits attendance or
D. participation in a home instruction program.
4. If a habitually absent student does not appear at a hearing before the
Superintendent or designee, or if the student does not convince the
Superintendent or designee that the absences were legitimate, the
Superintendent must notify the registrar of motor vehicles and the juvenile judge.
Such notification must be given to the registrar and the juvenile judge within two
weeks of the receipt of the information regarding habitual absences or, if the
hearing for the student is held, within two weeks after the hearing.
Notification to the registrar of motor vehicles and the county judge must comply
with State and Federal law.
The registrar of motor vehicles is required to suspend the temporary instruction
permit of driver’s license of the student who is the subject of the notice. If a
temporary permit or license has not been issued for that student, the registrar is
prohibited from issuing a temporary permit or a license.
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Denial of privileges remains in effect until the student reaches age 18 or until
the denial is terminated for another reason allowed by State law. In accordance
with State law, a student whose driving privileges have been denied can file a
petition seeking their reinstatement.
(Approved date: October 21, 2004)
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File: JED-E
MIAMISBURG CITY SCHOOLS
"OUT OF SCHOOL MAKE-UP WORK FORM"
Pursuant to the Compulsory Attendance Law as defined by the Ohio Revised Code, all students enrolled in the District will be expected to attend school daily and attend all scheduled classes for the time period designated as the “school year” by the District. The District believes there is a direct correlation between a student’s academic success and attendance. Frequent absences from school disrupt the educational process and as a result, the benefit of regular classroom instruction is diminished.
When a student knows he or she is going to be out from school they will be required to use the “out of school make-up work form” to inform the teachers of his or her absence. If teachers are able to get the work together prior to the student being out, students can take the work with them. If teachers are not able to gather the work ahead of time, the student will be presented with the work upon their return. There may be some classroom or laboratory work which, due to its nature, may not be able to be made up. When this issue arises, an alternative assignment may be given in place of this classroom or laboratory work. The number of consecutive days of absences, excused and unexcused, plus one day, equals the time allocated for make-up of missed work. The obligations for approaching his/her teacher for make-up tests, quizzes, assignments and homework is solely the student’s. Failure to complete make-up work in the prescribed number of days or within the period of time mutually agreed upon by the teacher and student (in special cases) will result in the loss of credit for the make-up work.
__________________________________________________________________
To The Teacher(s) Of:__________________________________________
The above mentioned student will be absent from your class from _______________
to _______________________. Please provide this student with missed work either
prior to the absence or after the absence. Please sign the form in the appropriate
area on the back side of this sheet to verify your recognition that you have been
notified of this absence.
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When the Board determines that a student has been truant and that the parent, guardian or other person having care of a child has failed to ensure the child’s attendance at school, State law authorizes the Board to require the parent to attend a specified educational program.
On the request of the Superintendent, or when it comes to the attention of the school attendance officer or other appropriate officer of the District, the designated officer must investigate any case of supposed truancy within the District and must warn the child, if found truant, and the child’s parent in writing of the legal consequences of being a “habitual” or a “chronic” truant.
A “habitual truant” is any child of compulsory school age who is absent without a legitimate excuse for five or more consecutive school days, seven or more school days in one month or 12 or more school days in a school year.
A “chronic truant” is any child of compulsory school age who is absent without legitimate excuse for seven or more consecutive school days, 10 or more school days in one month or 15 or more school days in a school year.
The parent is required to have the child attend school immediately after notification. If the parent fails to get the child to attend school, the attendance officer or other appropriate officer, if directed by the Superintendent or the Board, must send notice requiring the child’s parent to attend a parental education program.
For the correction of the “habitually truant” unruly child, the courts may now order the Board to require the child to attend an alternative school if one has been established.
The courts may order the “habitually truant” child not to be absent without legitimate excuse from school for five or more consecutive days, seven or more school days in one school month or 12 or more school days in a school year.
Regarding “habitual truants,” the Board must take as an intervention strategy any appropriate action contained in the Board policy, or the Board may file a complaint in juvenile court jointly against the child and the parent. The complaint must state that the child is an “unruly child” by virtue of being a “habitual truant” and that the child’s parent violated the School Attendance Law.
Regarding “chronic truants,” if the parent fails to get the child to school and the child is considered a “chronic truant,” the Board must file a complaint in the juvenile court jointly against the child and the parent. The complaint must state that the child is a “delinquent child” by virtue of being a “chronic truant,” and that the parent has violated the School Attendance Law.
1. providing a truancy intervention program for a habitual truant;
2. providing counseling for a habitual truant;
3. requesting or requiring a parent having control of a habitual truant to attend
parental involvement programs;
4. requesting or requiring a parent of a habitual truant to attend truancy prevention
mediation programs;
5. notification to the registrar of motor vehicles or
6. taking appropriate legal action.
LEGAL REFS.: ORC 3313.663
3321.03-04; 3321.07-09; 3321.22; 3321.38
[Adoption date: October 21, 2004]
LEGAL REF.: ORC 3313.20
CROSS REFS.: JED, Student Absences and Excuses
JEE, Student Attendance Accounting (Missing and Absent Children)
(Missing and Absent Children)
At the time of initial entry into school, a student shall present to the person in charge of admission an official copy of a birth certificate and copies of those records pertaining to him/her which were maintained by the school which he/she most recently attended. In lieu of a birth certificate, birth documentation may include:
1. a passport or attested transcript thereof filed with a registrar of passports at a
point of entry of the United States showing the date and place of birth of the
child;
2. an attested transcript of the certificate of birth;
3. an attested transcript of the certificate of baptism or other religious record
showing the date and place of birth of the child;
4. an attested transcript of a hospital record showing the date and place of birth of
the child or
5. a birth affidavit.
If the student does not present copies of the required documents, the principal shall call the school from which the student transferred and request the information. If that district has no record on file of the student or if that district does not send the records within 14 days, the principal shall notify the law enforcement agency having jurisdiction in the area where the student resides of the possibility that the student might be a missing child.
The primary responsibility for supervision of a student resides with his/her parent(s). The staff provides as much assistance as is reasonable to parents with this responsibility.
Parents must notify the school on the day a student is absent unless previous notification has been given in accordance with school procedure for excused absences. The principal or his/her designee is also required to notify a student’s parent(s) when the student is absent from school. The parent(s) or other responsible person shall be notified by telephone or written notice, which is mailed on the same day that the student is absent. Parents or other responsible persons shall provide the school with their current home and/or work telephone numbers, home addresses and any emergency telephone numbers.
LEGAL REFS.: ORC 109.65
2901.30
3313.205; 3313.672; 3313.96
3319.321; 3319.322
3321.12
3705.05
JEDB, Student Dismissal Precautions
JHF, Student Safety
Regular classroom instruction missed as a result of a student’s absence for religious instruction will not be made up. The District neither aids, assists or enforces attendance in a religious instruction program, nor discriminates against students who participate in such a program.
Individuals providing religious instruction are not permitted to promote student participation by directly contacting students on school premises or by encouraging students in the program to recruit their friends. All promotional activities for such instruction must be conducted off school grounds.
[Adoption date: October 21, 2004]
LEGAL REFS.: U.S. Const. Amend. I
ORC 3321.04
OAC 3301-51-13
JED, Student Absences and Excuses
1. holding a full-time age and schooling certificate and being regularly employed;
2. receiving approved home education;
3. attending a private or parochial school or
4. having graduated from an approved high school.
The District may temporarily deny admittance to any student who is otherwise entitled to be admitted to the District if the student has been suspended or expelled from the schools of another district in the state of Ohio or an out-of-state district and if the period of suspension or expulsion has not expired. The student and parent(s) will have an opportunity for a hearing before the Superintendent/designee to determine the admittance or nonadmittance of the student.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3321.02; 3321.03; 3321.04; 3321.07
CROSS REFS.: IGCF, Home Education
JEA, Compulsory Attendance Ages
JECE, Student Withdrawal from School (Loss of Driving Privileges)
JEGA, Permanent Exclusion
JHCC, Communicable Diseases
JK, Employment of Students
1. illegal conveyance or possession of a deadly weapon or dangerous ordnance,
carrying a concealed weapon, aggravated trafficking, trafficking in drugs,
trafficking involving the possession of a bulk amount of a controlled substance
or the sale of a controlled substance and/or
2. aggravated murder, murder, voluntary or involuntary manslaughter, felonious or
aggravated assault, rape, gross sexual imposition or felonious sexual
penetration, if the victim is a District employee.
In addition, complicity in any of the above acts may be the basis for permanent exclusion.
Any building administrator witnessing, or having knowledge of, one of these acts must report the incident to the Superintendent within 24 hours, whether or not the student is over 16 years of age.
If the Superintendent receives notification that a student has been found guilty of or is adjudicated delinquent for any of the listed offenses, a determination must be made whether the student’s continued attendance endangers the health and safety of other students or employees or whether the student’s attendance poses a danger of disruption to the graded course of study. If the Superintendent determines that either danger exists, he/she may recommend that the Board adopt a resolution requesting the State Superintendent of Public Instruction to permanently exclude the student from attendance in any Ohio school. Written notice of the Superintendent’s recommendation for permanent exclusion is provided to the student and his/her parent(s).
The Board acts upon the Superintendent’s recommendation within 14 days. Among the items the Board considers is information on:
1. academic and extracurricular activity record of the student;
2. disciplinary record of the student;
3. social history of the student;
4. response to prior discipline and sanctions;
5. seriousness of the offense and any aggravating circumstances;
6. any mitigating circumstances;
7. evidence regarding the possible danger to other students and employees if the
student remains in the District;
9. availability of less serious sanctions that would permit the student to stay in the
District without conflict with either (7) or (8).
The Board may allow for the hearing of witnesses and the presentation of additional evidence.
If the Board adopts the resolution to permanently exclude the student, the Board:
1. forwards the written resolution, together with the adjudication or conviction and
a copy of the student’s entire school record, to the State Superintendent;
2. promptly designates a representative to present the District’s case for
permanent exclusion to the State Superintendent and
3. forwards a copy of the resolution to the student and his/her parent(s).
If the State Superintendent rejects the resolution, the student shall be re-admitted to the District’s schools.
No employee shall knowingly admit, or cause by inaction to be admitted, any student who has been permanently excluded.
Re-admission
If the Superintendent determines that a permanently excluded student no longer represents either a danger to the health and safety of other students or staff, the Superintendent may recommend the re-admission of the student.
On the recommendation of the Superintendent, the Board considers a resolution requesting the State Superintendent to revoke the permanent exclusion. If the Board adopts the resolution, it is forwarded to the State Superintendent, together with the reasons for the resolution and any relevant information.
Probationary Admission Following Permanent Exclusion
Under State law, a student permanently excluded from school may request probationary admission for 90 days in any public school district.
If a student requests consideration of probationary admission into this District, the Superintendent may enter into discussions with the student and his/her parent(s) to develop a probationary admission plan designed to meet the educational needs of the child and the disciplinary requirements of the District.
If a satisfactory plan is developed, the Superintendent recommends that the Board allow the student to attend classes according to the terms of the plan. The Board acts on the recommendation within 14 days.
A student in compliance with his/her probationary re-admission plan may request either an extension of the plan for an additional 90 days or for the Superintendent to recommend that the permanent exclusion be revoked.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3313.66; 3313.661; 3313.662
CROSS REFS.: JFCJ, Weapons in the Schools
JGD, Student Suspension
JGE, Student Expulsion
The rights of an individual are preserved only by the protection and preservation of the rights of others. A student is responsible for the way rights are exercised and must accept the consequences of actions and recognize the boundaries of rights. Each exercise of an individual’s rights must demonstrate respect for the rights of others.
These statements set forth the rights of students and the responsibilities which are inseparable from these rights, which include the right to:
1. equal educational opportunity and freedom from discrimination and the
responsibility not to discriminate against others;
2. attend free public schools; the responsibility to attend school regularly and to
observe school rules essential for permitting others to learn at school;
3. due process of law with respect to suspension and expulsion;
4. free inquiry and expression and the responsibility to observe rules regarding
these rights and
5. privacy, which includes privacy with respect to the student’s school records.
As part of the educational process, students should be made aware of their legal rights and of the legal authority of the Board to make rules and delegate authority to its staff to make rules necessary for the orderly operation of the schools.
A copy of the school discipline code is posted in each of the schools and given to each student. This code describes in detail the offenses such as truancy, tardiness, property damage, etc., for which disciplinary action may be taken. Copies of the code are available to any parent in the principal’s office.
[Adoption date: October 21, 2004]
LEGAL REFS.: U.S. Const. Amend. I
U.S. Const. Amend. XIV, Section 1
ORC 3313.20; 3313.66; 3313.661; 3313.662
CROSS REFS.: ABC, Student Involvement in Decision Making (Also JFB)
JFC, Student Conduct
Student Handbooks
Students have clearly established means by which administrative due process is available for the protection of his/her rights.
Due process procedures are:
1. applied equally to all and
2. enforced in a manner which involves:
A. adequate and timely notice and opportunity to prepare a defense;
B. an opportunity to be heard at a reasonable time and in a meaningful manner
and
C. the right to a speedy and impartial hearing on the merits of the case.
In cases of student suspension or expulsion, the specific due process procedures set by the Board’s policy are followed.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC Chapter 2506
3313.66; 3313.661; 3313.662
OAC 3301-35-03(G)(2)(c)
CROSS REFS.: JB, Equal Educational Opportunities
JFC, all subcodes
JGD, Student Suspension
JGE, Student Expulsion
1. Disciplinary Action - Principals shall maintain written records of all disciplinary
action for which there were charges and disciplinary action was taken. These
records shall be destroyed at the end of each academic year, unless there is
clear evidence of a misbehavior pattern which needs continued documentation.
Appeal Procedures - Suspension/Expulsion
1. Upon receipt of written notice of appeal, the District hearing officer
(Superintendent or his/her designee) shall schedule a formal hearing to be held:
A. within two school days for intended suspension or
B. not earlier than three days or later than five days after notice is given for
intended expulsion.
2. Students will remain out of school during the appeal process.
3. All hearings shall be on an informal basis; however, the hearing officer shall
make all rulings as to whether evidence, oral or written, is admissible and may
consult with the parties before him/her, before making such rulings. The
relevancy and materiality of any evidence and the weight to be given to it shall
be determined solely by the hearing officer.
4. An audio tape recording shall be made of the suspension appeals, expulsion
hearings and expulsion appeals.
5. Suspension appeals, expulsion hearings and expulsion appeals shall be held in
the Central Administrative Offices (Memorial Building) or Board Meeting Room
(Neff Building) as designated by the hearing officer. The student shall be
present for the hearing.
6. The hearing officer shall, within one school day, arrive at a decision and shall
set forth in writing the findings of fact, conclusion and the nature and duration of
the suspension or expulsion or lesser form of corrective action or punishment to
be imposed.
Procedures for Suspension
1. Prior to suspension, the principal shall:
A. give the student oral notice of the intention to suspend and the reason for
the suspension and
B. give the student the right, in an informal hearing with the principal, to
challenge the reasons for the suspension or to otherwise explain his/her
actions.
student is to be suspended, he/she shall notify the parent(s)/guardian(s) in
writing of the intention to suspend the student. Such suspension notice shall
include:
A. the reason(s) for the suspension;
B. the right of the student and parent(s) to appeal the suspension, in writing,
to the Superintendent/designee for a formal hearing;
C. notice that the request for appeal of the intended suspension must be
received in writing by the Superintendent/designee within 72 hours of
receipt of suspension notice from the principal;
D. notice of the right to be represented at the appeal proceedings and
E. notice of the right to request that the hearing be held in closed (executive)
session.
3. Formal hearing with Superintendent/designee
The Superintendent/designee shall schedule a formal hearing within two school
days of written receipt of appeal of intended suspension and shall render a
written decision within one school day following the conclusion of the hearing,
which decision shall include notice of the right of the student and parent(s) to an
appeal of the hearing officer’s decision to the Montgomery County Court of
Common Pleas within 10 calendar days of receipt of decision.
Procedure for Expulsion
1. A student may be expelled from school by the Superintendent upon the
recommendation of the principal. Before the principal recommends expulsion,
however, he/she shall, when possible, hold an informal hearing with the student
and, following such informal hearing, shall summarize in writing the charges, the
findings of fact and final recommendations, which shall be forwarded promptly
to the Superintendent. Prior to the expulsion, the Superintendent shall, within
one school day:
A. Give the student and parent(s)/guardian(s) written notice of the intention to
expel the student and the reason for the intended expulsion.
B. Notify the student and parent(s)/guardian(s) of his/her right to be
represented in a formal hearing with the Superintendent/designee and to
challenge the reasons for the expulsion or otherwise explain his/her action.
C. Advise the student and parent(s) of the date, time and place of the
hearing, which shall be held not earlier that three days or later than five
days after notice is given.
A. The Superintendent/designee shall render a decision to the
Superintendent, who will notify the parent(s)/guardian(s) within one school
day following the conclusion of the hearing.
B. If the student is to be expelled, the notice to the parent(s)shall include:
1) the reason(s) for the expulsion and
2) the right of the student and parent(s)/guardian(s) to appeal the
expulsion by the Superintendent/designee to the Board designee
within five calendar days of receipt of the Superintendent’s decision.
Appeal requests shall be made in writing to the Treasurer.
[Adoption date: October 21, 2004]
LEGAL REF.: OAC 3301-35-03
CROSS REFS.: BCE, Board Committees
BCF, Advisory Committees to the Board
JF, Student Rights and Responsibilities
JFA, Student Due Process Rights
JFC, Student Conduct
Student Handbooks
A student who fails to comply with established school rules or with any reasonable request made by school personnel on school property and/or at school-related events is subject to approved student discipline regulations. The Superintendent/designee develops regulations which establish strategies ranging from prevention to intervention to address student misbehavior.
Students and parents receive, at the beginning of each school year or upon entering during the year, written information on the rules and regulations to which they are subject while in school or participating in any school-related activity or event. The information includes the types of conduct which are subject to suspension or expulsion from school or other forms of disciplinary action. The Board directs the administration to make all students aware of the Student Code of Conduct and the fact that any violations of the Student Code of Conduct are punishable. The rules also apply to any form of student misconduct directed at a District official or employee or the property of a District official or employee, regardless of where the misconduct occurs.
If a student violates this policy or the Student Code of Conduct, school personnel, students or parents should report the student to the appropriate principal. The administration cooperates in any prosecution pursuant to the criminal laws of the state of Ohio and local ordinances.
A student may be expelled for up to one year if he/she commits an act that inflicts serious physical harm to persons or property if it was committed at school, on other school property or at a school activity, event or program.
The Superintendent is authorized to expel a student from school for a period not to exceed one year for making a bomb threat to a school building, or to any premises at which a school activity is occurring at the time of the threat. Any expulsion under this provision extends, as necessary, into the school year following the school year in which the incident that gives rise to the expulsion takes place.
Matters which might lead to a reduction of the expulsion period include: the student’s mental and/or physical characteristics or conditions, the age of the student and its relevance to the punishment, the prior disciplinary history of the student and/or the intent of the perpetrator.
The Student Code of Conduct is made available to students and parents and is posted in a central location within each building.
114 Stat 2763)
ORC 3313.20; 3313.534; 3313.66; 3313.661; 3313.662
OAC 3301-35-03
CROSS REFS.: ABC, Student Involvement in Decision Making (Also JFB)
EBC, Emergency Plans
JFCA, Student Dress Code
JFCEA, Gangs
JFCJ, Weapons in the Schools
JG, all subcodes
Student Handbooks
[Revised : February 17, 2005]
Requirements include the following.
1. Dress and grooming standards require cleanliness in the interest of health,
sanitary conditions and safety requirements.
2. When a student is participating in school activities, his/her dress and grooming
must not disrupt his/her performance or that of other students or constitute a
health threat to himself/herself or other students.
3. Dress and grooming are not such as to disrupt the teaching/learning process
LEGAL REFS.: U.S. Const. Amend. I
ORC 3313.20
CROSS REFS.: JFC, Student Conduct
JFCEA, Gangs
Student Handbooks
[Adoption date: October 21, 2004]
Students on a bus are under the authority of, and directly responsible to, the bus driver. The driver has the authority to enforce the established regulations for bus conduct. Disorderly conduct or refusal to submit to the authority of the driver is sufficient reason for refusing transportation services or suspending transportation services to any student once proper procedures are followed.
The Board authorizes the Superintendent or other administrators to suspend a student from school bus riding privileges only for a period of up to one school year. The only due process required is notice to the student of an intended bus riding suspension and an opportunity to appear before the administrator considering the suspension before it happens. The administrator’s decision is final.
The Board’s policy regarding bus riding privileges must be posted in a central location in each school building and made available to students upon request.
After Board approval, regulations regarding conduct on school buses, as well as general information about the school transportation program, are available to all parents and students.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3327.01; 3327.014
OAC 3301-83-08
CROSS REFS.: JGA, Corporal Punishment
Student Handbooks
Students will:
1. be careful in approaching bus stops walk on the left, toward oncoming traffic; be
sure the road is clear both ways before crossing the highway;
2. be on time for the bus in order to permit the bus to follow the time schedule;
3. sit in assigned seats; bus drivers have the right to assign a student to a seat in
the bus and to expect reasonable conduct in a manner similar to that of a
teacher in a classroom;
4. reach assigned seat in the bus without disturbing or crowding other students;
remain seated while the bus is moving;
5. obey the driver promptly and respectfully; realize that he/she has an important
responsibility and that it is everyone's duty to help;
6. keep the bus clean and sanitary; no chewing gum, candy, pop, or ice cream,
breakable containers or weapons of any kind are permitted on the bus at any
time;
7. not engage in loud talking, laughing or profane and abusive language.
Unnecessary confusion diverts the driver's attention and may result in a serious
accident. No talking will be permitted while buses are at railroad grade
crossings;
8. keep head, arm and hands inside the bus at all times. Windows are intended
for light and ventilation;
9. be courteous to fellow students and to the bus drivers and do not engage in
verbal abuse;
10. treat bus equipment as they would treat valuable furniture in their home.
Damage to seats and other parts is unnecessary and always costly and
11. remain seated until the bus stops to unload, wait for signal from the bus driver
and then cross the road in front of the bus.
Riding to school is a privilege and convenience. The failure of a student to follow these regulations may result in his/her forfeiting the privilege to transportation by school bus.
When discipline problems with individual students arise, the following procedure should be applied:
1. The driver should handle the problem himself/herself, if possible.
2. When the driver is unable to solve the problem, he/she should report it to the
transportation supervisor. Then, the transportation supervisor and driver, if
necessary, will confer with the principal.
3. Cases that cannot be solved through the courses outlined above will be referred
to the Superintendent.
4. Students waiting at a school for pickup will be the joint responsibility of the
administrator of that school and the school the student attends. Students should
arrive at pickup points no more than 10 minutes prior to scheduled time of the
arrival of the school bus.
5. The bus driver will use the following forms of discipline before referring a
student to the building administrator.
A. Warn student orally of infraction of rules and the possible consequences.
B. Assign student to permanent seat.
C. Confer with building administrator orally regarding the student's discipline
problems.
D. Driver contacts parent regarding the student’s behavior and solicits their
support.
6. If the student continues his/her infraction of the rules, the bus driver sends a
report to the building administrator on the "Bus Conduct Report" form via the
A. First Written Report: Marked "warning" by bus driver and parent(s),
guardian(s) contacted by transportation supervisor via phone or by mail,
and copy sent to building administrator.
B. Second Written Report: Building administrator contacts
parent(s)/guardian(s) by phone, and after appropriate written notice,
suspends the student's riding privileges for three days to five school days,
or assignment to Saturday School.
C. Third Written Report: Building administrator requests conference with
parent/guardian, student, bus driver and transportation supervisor, and
after appropriate written notice, may suspend the student's riding
privileges for 10 school days, or assignment to Saturday School.
and parents, and after appropriate written notice, suspends the student's
riding privileges for the remainder for the semester or up to 90 school
days.
Incidents involving initiations, hazing, intimidation and/or related activities of such group affiliations which are likely to cause bodily danger, physical harm, personal degradation or disgrace resulting in physical or mental harm are prohibited.
The Board directs the administration to establish regulations to ensure that any student wearing, carrying or displaying gang paraphernalia or exhibiting behavior or gestures which symbolize gang membership or causing and/or participating in activities which intimidate or affect the attendance of another student is subject to disciplinary action. This includes all forms and instruments of harassment and bullying including the use of electronic communications devices.
To provide increased awareness of the threat to the safety of students, staff and school property which gang-related activity poses, training is provided by security on an as-needed basis. Presentations provide training in current identification symbols used by those involved in gang-related activity and include things such as the identification of hand signals, apparel, jewelry and/or any other pertinent gang-related information.
[Adoption date: October 21, 2004]
[Revised: February 17, 2005]
LEGAL REFS.: ORC 3313.20; 3313.66; 3313.661
CROSS REFS.: AC, Nondiscrimination
JFC, Student Conduct
JFCA, Student Dress Code
JFCF, Hazing
JGD, Student Suspension
JGE, Student Expulsion
Hazing means doing any act or coercing another, including the victim, to do any act of initiation into any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person.
Throughout this policy the term bullying is used in place of harassment, intimidation and bullying.
Bullying, harassment and intimidation is an intentional written, verbal, electronic or physical act that a student has exhibited toward another particular student more than once. The intentional act also includes violence within a dating relationship. The behavior causes mental or physical harm to the other student and is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for the other student. This behavior is prohibited on school property, on a school bus or at a school-sponsored activity. Students found responsible for harassment, intimidation or bullying by an electronic act may be suspended.
Permission, consent or assumption of risk by an individual subjected to hazing, bullying and/or dating violence does not lessen the prohibition contained in this policy.
The District includes, within the health curriculum, age-appropriate instruction in dating violence prevention education in grades 7 to 12. This instruction includes recognizing warning signs of dating violence and the characteristics of healthy relationships.
Prohibited activities of any type, including those activities engaged in via computer and/or electronic communications devices or electronic means, are inconsistent with the educational process and are prohibited at all times. The District educates minors about appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyber bullying awareness and response.
No administrator, teacher or other employee of the District shall encourage, permit, condone or tolerate any hazing and/or bullying activities. No students, including leaders of student organizations, are permitted to plan, encourage or engage in any hazing and/or bullying.
Administrators, teachers and all other District employees are particularly alert to possible conditions, circumstances or events that might include hazing, bullying and/or dating violence. If any of the prohibited behaviors are planned or discovered, involved students are informed by the discovering District employee of the prohibition contained in this policy and are required to end all such activities immediately. All hazing, bullying and/or dating violence incidents are reported immediately to the Superintendent/designee and appropriate discipline is administered.
The Superintendent/designee must provide the Board President with a semiannual written summary of all reported incidents and post the summary on the District’s website, to the extent permitted by law.
The administration provides training on the District's hazing and bullying policy to District employees and volunteers who have direct contact with students. Additional training is provided to elementary employees in violence and substance abuse prevention and positive youth development.
District employees, students and volunteers have qualified civil immunity for damages arising from reporting an incident of hazing and/or bullying. Administrators, teachers, other employees and students who fail to abide by this policy may be subject to disciplinary action and may be liable for civil and criminal penalties in compliance with State and Federal law.
No one is permitted to retaliate against an employee or student because he/she files a grievance or assists or participates in an investigation, proceeding or hearing regarding the charge of hazing and/or bullying of an individual.
[Adoption date: March 18, 2010]
[Revised date: October 18, 2012]
LEGAL REFS.: Children’s Internet Protection Act; 47 USC 254 (h)(5)(b)(iii);
(P.L. 106-554, HR 4577, 2000, 114 Stat 2763)
ORC 117.53
2307.44
2903.31
3301.22
3313.666; 3313.667
3319.073; 3319.321
CROSS REFS.: AC, Nondiscrimination
EDE, Computer/Online Services (Acceptable Use and Internet Safety)
IGAE, Health Education
IIBH, District Website Publishing
JFC, Student Conduct (Zero Tolerance)
JFCEA, Gangs
JFCK, Use of Electronic Communications Equipment by Students
JG, Student Discipline
JHG, Reporting Child Abuse
JO, Student Records
Student Handbooks
NOTE: The terminology of bullying in this policy also includes harassment and intimidation and is defined as an intentional written, verbal, electronic or physical act that a student has exhibited toward another particular student more than once. The behavior causes mental or physical harm to the other student and is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for the other student.
Violence within a dating relationship is also included in this prohibition against harassment, intimidation and bullying.
The Children’s Internet Protection Act added a requirement that effective July 1, 2012 all school districts participating in the e-rate program must include language in their Internet safety policy regarding the education of minors concerning appropriate online behavior, including interacting with other individuals on social networking websites and in chat rooms and cyber bullying awareness and response and to develop an educational plan to implement the program. Helpful resources are available at OnGuardOnline.gov.
HB 116 (The Jessica Logan Act), signed by the Governor on February 2, 2012, requires districts to update Hazing and Bullying policies to include several new requirements by November 2012. The majority of language changes appear in Ohio Revised Code section 3313.666.
THIS IS A REQUIRED POLICY
File: JFCF-R
HAZING AND BULLYING
(Harassment, Intimidation and Dating Violence)
The prohibition against hazing, dating violence, harassment, intimidation or bullying is publicized in student handbooks and in the publications that set the standard of conduct for schools and students in the District. In addition, information regarding the policy is incorporated into employee handbooks and training materials.
School Personnel Responsibilities and Complaint Procedures
Hazing, bullying behavior and/or dating violence by any student/school personnel in the District is strictly prohibited, and such conduct may result in disciplinary action, including suspension and/or expulsion from school. Hazing bullying and/or dating violence means any intentional written, verbal, graphic or physical acts, including electronically transmitted acts, either overt or covert, by a student or group of students toward other students/school personnel with the intent to haze, harass, intimidate, injure, threaten, ridicule or humiliate. Such behaviors are prohibited on or immediately adjacent to school grounds, at any school-sponsored activity; in any District publication; through the use of any District-owned or operated communication tools, including but not limited to District e-mail accounts and/or computers; on school-provided transportation or at any official school bus stop.
Hazing, bullying and/or dating violence can include many different behaviors. Examples of conduct that could constitute prohibited behaviors include, but are not limited to:
1. physical violence and/or attacks;
2. threats, taunts and intimidation through words and/or gestures;
3. extortion, damage or stealing of money and/or possessions;
4. exclusion from the peer group or spreading rumors;
5. repetitive and hostile behavior with the intent to harm others through the use of information and communication
technologies and other web-based/online sites (also known as “cyber bullying”), such as the following:
A. posting slurs on websites, social networking sites, blogs or personal online journals;
B. sending abusive or threatening e-mails, website postings or comments and instant messages;
C. using camera phones to take embarrassing photographs or videos of students and/or distributing or posting
the photos or videos online and
D. using websites, social networking sites, blogs or personal online journals, e-mails or instant messages to
circulate gossip and rumors to other students.
6. excluding others from an online group by falsely reporting them for inappropriate language to Internet service
providers.
In evaluating whether conduct constitutes hazing or bullying, special attention is paid to the words chosen or the actions taken, whether such conduct occurred in front of others or was communicated to others, how the perpetrator interacted with the victim and the motivation, either admitted or appropriately inferred.
Teachers and Other School Staff
Teachers and other school staff who witness acts of hazing, bullying and/or dating violence as defined above, promptly notify the building principal/designee of the event observed, and promptly file a written incident report concerning the events witnessed.
Teachers and other school staff who receive student or parent reports of suspected hazing, bullying and/or dating violence promptly notify the building principal/designee of such report(s). If the report is a formal, written complaint, the complaint is forwarded to the building principal/designee no later than the next school day. If the report is an informal complaint by a student that is received by a teacher or other professional employee, he/she prepares a written report of the informal complaint that is forwarded to the building principal/designee no later than the next school day.
Complaints
1. Formal Complaints
Students and/or their parents or guardians may file reports regarding suspected hazing, harassment, intimidation, bullying and/or dating violence. The reports should be written. Such written reports must be reasonably specific including person(s) involved; number of times and places of the alleged conduct; the target of suspected harassment, intimidation and/or bullying and the names of any potential student or staff witnesses. Such reports may be filed with any school staff member or administrator. They are promptly forwarded to the building principal/designee for review and action.
2. Informal Complaints
Students, parents or guardians and school personnel may make informal complaints of conduct that they consider to be harassment, intimidation and/or bullying by verbal report to a teacher, school administrator or other school personnel. Such informal complaints must be reasonably specific as to the actions giving rise to the suspicion of hazing, harassment, intimidation and/or bullying, including person(s) involved, number of times and places of the alleged conduct, the target of the prohibited behavior(s) and the names of any potential student or staff witness. The school staff member or administrator who receives the informal complaint promptly documents the complaint in writing, including the above information. This written report by the school staff member and/or administrator is promptly forwarded to the building principal/designee for review and action.
3. Anonymous Complaints
Students who make informal complaints as set forth above may request that their name be maintained in confidence by the school staff member(s) and administrator(s) who receive the complaint. The anonymous complaint is reviewed and reasonable action is taken to address the situation, to the extent such action (1) does not disclose the source of the complaint, and (2) is consistent with the due process rights of the student(s) alleged to have committed acts of hazing, bullying and/or dating violence.
4. False Complaints
Students are prohibited from deliberately making false complaints of harassment, intimidation or bullying. Students found responsible for deliberately making false reports of harassment, intimidation or bullying may be subject to a full range of disciplinary consequences.
Intervention Strategies
1. Teachers and Other School Staff
In addition to addressing both informal and formal complaints, school personnel are encouraged to address the issue of hazing, bullying and/or dating violence in other interactions with students.
School personnel may find opportunities to educate students about harassment, hazing, intimidation and bullying and help eliminate such prohibited behaviors through class discussions, counseling and reinforcement of socially appropriate behavior. School personnel should intervene promptly whenever they observe student conduct that has the purpose or effect of ridiculing, humiliating or intimidating another student/school personnel, even if such conduct does not meet the formal definition of harassment, hazing, intimidation or bullying.
2. Administrator Responsibilities
A. Investigation
The principal/designee is notified of any formal or informal complaint of suspected harassment, hazing, intimidation or bullying. Under the direction of the building principal/designee, all such complaints are investigated promptly. A written report of the investigation is prepared when the investigation is complete. The report includes findings of fact, a determination of whether acts of hazing, bullying and/or dating violence were verified, and when prohibited acts are verified, a recommendation for intervention, including disciplinary action, is included in the report. Where appropriate, written witness statements are attached to the report.
Notwithstanding the foregoing, when a student making an informal complaint has requested anonymity, the investigation of such complaint is limited as is appropriate in view of the anonymity of the complaint. Such limitation of the investigation may include restricting action to a simple review of the complaint (with or without discussing it with the alleged perpetrator), subject to receipt of further information and/or the withdrawal by the complaining student of the condition that his/her report be anonymous.
B. Nondisciplinary Interventions
When verified acts of hazing, bullying and/or dating violence are identified early and/or when such verified acts do not reasonably require a disciplinary response, students may be counseled as to the definition of the behavior, its prohibition and their duty to avoid any conduct that could be considered harassing, hazing, intimidating and/or bullying.
If a complaint arises out of conflict between students or groups of students, peer mediation may be considered. Special care, however, is warranted in referring some cases to peer mediation. A power imbalance may make the process intimidating for the victim and therefore inappropriate. The victim’s communication and assertiveness skills may be low and could be further eroded by fear resulting from past intimidation and fear of future intimidation. In such cases, the victim should be given additional support. Alternatively, peer mediation may be deemed inappropriate to address the concern.
C. Disciplinary Interventions
When acts of harassment, intimidation and bullying are verified and a disciplinary response is warranted, students are subject to the full range of disciplinary consequences. Anonymous complaints that are not otherwise verified, however, cannot provide the basis for disciplinary action.
In and out-of-school suspension may be imposed only after informing the accused perpetrator of the reasons for the proposed suspension and giving him/her an opportunity to explain the situation.
Expulsion may be imposed only after a hearing before the Board of Education, a committee of the Board or an impartial hearing officer designated by the Board of Education in accordance with Board policy. This consequence is reserved for serious incidents of harassment, intimidation or bullying and/or when past interventions have not been successful in eliminating prohibited behaviors.
Allegations of criminal misconduct are reported to law enforcement, and suspected child abuse is reported to Child Protective Services, per required timelines.
Report to the Custodial Parent or Guardian of the Perpetrator
If, after investigation, acts of harassment, intimidation and bullying by a specific student are verified, the building principal/designee notifies the custodial parent or guardian of the perpetrator, in writing, of that finding. If disciplinary consequences are imposed against such student, a description of such discipline is included in such notification.
Strategies are developed and implemented to protect students from new or additional harassment, intimidation or bullying, and from retaliation following reporting of incidents.
Reports to the Victim and His/Her Custodial Parent or Guardian
If, after investigation, acts of bullying or hazing against a specific student are verified, the building principal/designee notifies the custodial parent/guardian of the victim of the finding. In providing such notification, care must be taken to respect the statutory privacy rights of the perpetrator.
Bullying matters, including the identity of both the charging party and the accused, are kept confidential to the extent possible. Although discipline may be imposed against the accused upon a finding of guilt, retaliation is prohibited.
School administrators shall notify both the custodial parents or guardians of a student who commits acts of harassment, intimidation, bullying and/or dating violence and the custodial parents or guardians of students against whom such acts were committed, and shall allow access to any written reports pertaining to the incident, to the extent permitted by law.
Police and Child Protective Services
In addition to, or instead of, filing a complaint through this policy, a complainant may choose to exercise other options including, but not limited to, filing a complaint with outside agencies or filing a private lawsuit. Nothing prohibits a complainant from seeking redress under any other provision of the Ohio Revised Code or common law that may apply.
The District must also investigate incidents of hazing, bullying and/or dating violence for the purpose of determining whether there has been a violation of District policy or regulations, even if law enforcement and/or the public children’s services are also investigating. All District personnel must cooperate with investigations by outside agencies.
[Adoption date: March 18, 2010]
[Revised date: October 18, 2012]
NOTE: THIS IS A REQUIRED REGULATION
Disciplinary measures taken against students for violations of this policy comply with the requirements of State law and related District policies.
[Adoption date: October 21, 2004]
[Revised date: December 21, 2006]
LEGAL REFS.: ORC 2927.02
3313.47; 3313.66; 3313.661; 3313.751
OAC 3301-35-03
20 USC Section 6082
ORC 3794.01 – 3794.09
CROSS REFS.: JFA, Student Due Process Rights
JFC, Student Conduct
JGD, Student Suspension
JGE, Student Expulsion
Student Handbooks
The Board does not permit any student to possess, transmit, conceal, offer for sale, consume, show evidence of having consumed or used any alcoholic beverages, illegal drugs, unprescribed drugs, look-alike drugs or any mind-altering substance while on school grounds or facilities; at school-sponsored events; in other situations under the authority of the District or in school-owned or school-approved vehicles. Included in this prohibition are any substances represented as a controlled substance, nonalcoholic beers, steroids, tobacco and tobacco products and drug paraphernalia.
The Board wishes to emphasize the following.
1. A student is required to obey existing laws on school grounds and while
involved in school activities. School authorities have the same responsibility as
any other citizen to report violations of the law. The final disposition of any
problem, however, is determined by the building principal with due
consideration of the welfare of the student and of any other relevant factors
involved.
2. Discipline is imposed independent of court action. Students are subject to
immediate suspension or expulsion proceedings for possession or use of
illegal drugs or alcoholic beverages.
3. Parents and students are given a copy of the standards of conduct and the
statement of disciplinary sanctions and are notified that compliance with the
standards of conduct is mandatory.
4. If conditions warrant, the administration refers the student for prosecution and
offers full cooperation in a criminal investigation.
5. A reduction in penalty may be considered if the student receives professional
assistance. Professional assistance may include but not be limited to an
alcohol/drug education program; assessment with follow-through based on the
assessment findings, counseling, out-patient treatment or inpatient treatment.
The Superintendent establishes and the Board considers for approval detailed procedures for dealing with students who may have a drug or alcohol problem. These procedures are in compliance with all applicable laws and observed by all staff members. It is the desire of the Board for students with problems to feel secure enough to ask for help from their teachers or counselors without fear of reprisal. Confidentiality shall be maintained within the limits of the law. The long-range welfare of the student is paramount.
LEGAL REFS.: ORC 2925.01; 2925.37
3313.66; 3313.661
3719.011; 3719.41
JHCD, Administering Medicines to Students
Student Code of Conduct
Student Handbooks
The principal or assistant principal, upon learning of the alleged abuse, shall follow these procedures:
1. If the principal or assistant principal determines that the student is under the
influence of drugs or alcohol, he/she shall take appropriate intervention and
disciplinary action as outlined below.
2. If the principal or assistant principal determines that the student is not under the
influence of drugs or alcohol, but that the student exhibits symptoms of chemical
abuse or dependency, he/she shall gather additional information from the
student’s teacher(s), counselor and other staff members who can verify the
symptoms or behaviors associated with chemical abuse or dependency.
3. If the principal or assistant principal, after reviewing the information from all
sources, determines that chemical abuse or dependency may be possible,
he/she shall arrange a conference including, but not limited to the:
A. student;
B. parent(s)/ guardian(s);
C. nurse;
D. counselor or
E. other staff.
4. Prior to the conference in Section 3 above, the principal or assistant principal
will ask the parent(s)/guardian(s) to complete a “Chemical Use Family
Questionnaire;”
5. Following the conference, and if chemical abuse or dependency is suspected,
the principal or assistant principal will ask the student, with the permission of
his/her parent(s) guardian(s), to voluntarily submit to a professional evaluation
by a trained chemical dependency counselor and a licensed physician trained
in chemical dependency. The professional evaluation source, however, shall be
approved by the principal or assistant principal. Costs for the evaluation shall
be borne by the student and his/her parent(s) /guardians(s).
following treatment options – singular or in tandem – shall be available to the
student and his/her parent(s)/guardian(s):
A. family education;
B. out-patient treatment;
C. in-patient treatment or
D. assignment to an in-school support group.
Sanctions and Incentives for Self-Improvement
Sanctions for student use, sale, possession, distribution or being under the influence of alcohol or drugs shall conform to the sanctions mandated, except the sanctions shall be reduced as follows* if the student and his/her parent(s)/guardian(s) agree that the student shall voluntarily submit to a professional evaluation and completion of recommended treatment as outlined above.
Alcohol/Drugs/Narcotics
1. Use, Possession, Distribution or Under Influence
First Offense: Ten days out-of-school suspension or expulsion. The student
shall voluntarily submit to a professional evaluation and completion of
recommended treatment.
2. Sale or Distribution
First Offense: Expulsion
Counterfeit Controlled Substances or Look-Alike Drugs: Possession, Use, Under Influence, Sale or Distribution
Definitions of Counterfeit Controlled Substances or Look-Alike Drugs
1. Counterfeit controlled substances mean look-alike drugs or over-the-counter
drugs which are stimulants or depressants.
A. Look-alike drugs are products which mimic prescription drugs as to
physical and psychological effects: i.e., amphetamines, methaquolone
(Quaaludes) or cocaine and contain one or more of the following
nonprescription stimulants – caffeine, phenylpropanalomine (PPA),
ephedrine or antihistamines.
B. Over-the-counter drugs are products used as stimulants and depressants
and which are marked as diet aids, “pep” pills or sleep aids.
A. Any unmarked or unlabeled substance which is represented to be a
controlled substance distributed by a person other than the person(s) who
manufactured, processed, packaged or distributed it.
B. Any substance that is represented to be a controlled substance but is not a
controlled substance or is a different controlled substance.
C. Any substance other than a controlled substance that a reasonable person
would believe to be a controlled substance because of its similarity in
shape, size and color, or its markings, labeling, packaging, distribution or
the price for which it is sold or offered for sale.
Student Sanctions
Possession, use, being under influence, sale or distribution of counterfeit controlled substances or look-alike drugs by students on school premises or off school premises at any school-sponsored activity shall result in the same sanctions as for controlled substances specified by offense #9 of Elementary and #8 of Secondary School Sanctions.
Criminal Penalties Established by Law for Possession, Sale, Distribution or Representation of Counterfeit Controlled Substances as Controlled Substances
The Ohio Revised Code, Section 2925.37 establishes the following penalties:
1. Possession – misdemeanor of the first degree.
2. Sale or distribution – felony of fourth degree, age 18 or over; to person under
age of 18 – felony of third degree.
3. Represent a counterfeit controlled substance as a controlled substance by
describing its effects as the physical or psychological effects associated with
use of a controlled substance – felony of third degree.
This policy shall not be applicable to over-the-counter stimulants or depressants prescribed by a physician.
The provisions of policy JHCD, Administering Medicines to Students, and Administrative Procedures shall be applicable to administration of oral medication (over-the-counter drugs), and parent(s)/guardian(s) and physician shall be required to complete the forms: Physician’s Request and Parent Release for the Administration of Oral Medication at School (JHCD-E)
Notification to and Awareness by Students of Ohio Revised Code Definitions, Prescriptions and Related Penalties.
1. In accordance with Ohio Revised Code, Section 2925.37, Section 3, each
building principal shall be responsible for implementing a program in each
school to explain the foregoing provisions of this policy to all students in their
schools. This program shall be conducted annually in each school during the
first two days of school.
A. notification to and discussion by each homeroom or rollroom teacher with
all students assigned to that class of the content of this policy in a manner
appropriate to the age and level of understanding of students and
B. posting of summary of policy content on the bulletin boards of all
homerooms or rollrooms by teachers in grades 5-12.
SUMMARY: Counterfeit Controlled Substances or Look-Alike Drugs
1. Unlawful Possession, Use Sale or Distribution
State law makes it unlawful for students to possess, use, sell or distribute
look-alike drugs or over-the-counter stimulant or depressant substances.
2. Board Policy Sanctions
District policy prohibits students from possessing, using, being under the
influence of, selling or distributing counterfeit controlled substances, look-alike
drugs or over-the-counter stimulants and depressants.
The sanctions are the same as for the controlled substance (i.e., marijuana,
Quaaludes, amphetamines) and range from parent(s)/guardian(s) conference to
expulsion for elementary students and from suspension to expulsion for
secondary students.
3. Definitions
• Look-alike drugs are those which mimic the physical and psychological
effects of prescription drugs.
• Over-the-counter drugs are those stimulants or depressants contained in
diet pills, “pep” pills or sleeping pills.
4. Criminal Penalties
Criminal penalties range from misdemeanor of the first degree for possession,
to felony of third degree for representing a counterfeit substance as a controlled
substance.
Release by Physician and Parent for Administration of Over-the-Counter Drugs
Over-the-counter stimulants or depressants may be administered to students at school only upon the signed permission of parents and a physician, Administering Medicines to Students, applicable to all oral medication.
(Approval date: October 21, 2004)
The definition of a firearm is any weapon (including a starter gun) which is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer or any destructive device (as defined in 18 USCA, Section 921), which includes any explosive, incendiary or poisonous gas, bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine or device similar to any of the
devices described above.
Unless a student is permanently excluded, the Superintendent shall expel a student from school for a period of one year for bringing a firearm or a knife to a school operated by the Board or onto any other property owned or controlled by the Board, except that the Superintendent may reduce this requirement on a case-by-case basis in accordance with this policy. Any such expulsion shall extend, as necessary, into the school year following the school year in which the incident that gives rise to the expulsion takes place.
The Board authorizes the Superintendent to expel a student from school for a period not to exceed one year for bringing a knife to a school operated by the Board or onto any other property owned or controlled by the Board or for possessing a firearm or knife at a school or on any other property owned or controlled by the Board, which firearm or knife was initially brought onto school property by another person. The Superintendent is authorized to extend such an expulsion into the school year following the school year in which the incident that gives rise to the expulsion takes place.
Matters which might lead to a reduction of the expulsion period include: an incident involving a disable student when the incident is a manifestation of the disability; the age of the student and its relevance to the punishment; the prior disciplinary history of the student and/or the intent of the perpetrator.
A student may be expelled for up to one year for firearm-related or knife-related incidents occurring off school property while at a school-sponsored interscholastic competition, extracurricular event or other school-sponsored activity.
A student suspended, expelled, removed or permanently excluded from school for misconduct involving a firearm or knife also loses his/her driving privileges. The District shall notify the county registrar and juvenile judge within two weeks of the suspension, expulsion or permanent exclusion.
The Superintendent is also authorized to expel a student from school for a period not to exceed one year for making a bomb threat to a school building, or to any premises at which a school activity is occurring at the time of the threat. Any expulsion under this provision extends, as necessary, into the school year following the school year in which the incident that gives rise to the expulsion takes place.
The Board prohibits students from knowingly possessing an object on school premises, in a school or a school building, at a school activity or on a school bus if both of the following apply:
1. The object is indistinguishable from a firearm, whether or not the object is
capable of being fired.
2. The person indicates that the person possesses the object and that it is a
firearm or the person knowingly displays or brandishes the object and indicates
As defined by Ohio law and for purposes of this policy, an “object that is indistinguishable from a firearm” means an object made, constructed or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm.
Students found in violation of number 1 and 2 above may be reported to the local policy authority and may be prosecuted under state criminal statutes, as well as disciplined in accordance with the provisions of the District’s student code of conduct and Ohio law.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 2923.122
3313.66; 3313.661; 3313.662
3321.13
18 USC 921
20 USC 2701 et seq. - Title IX 9001-9005
20 USC 8921
JFC, Student Conduct
JGD, Student Suspension
JGDA, Emergency Removal of Student
JGE, Student Expulsion
Student Code of Conduct
First time violators of this policy are reported to the principal, who confiscates the device and holds it in his/her office until the end of the school day. Additional discipline may be administered as well. Subsequent violations will result in progressive disciplinary measures and may result in a loss of privilege to possess such devices on school grounds.
The District assumes no liability if these devices are broken, lost or stolen. Notices of this policy are posted in a central location in every school building and in the student handbooks.
[Adoption date: October 21, 2004]
[Revised: February 17, 2005]
LEGAL REFS.: ORC 3313.20; 3313.753
CROSS REF.: Student Handbooks
(Persistently Dangerous Schools)
Beginning in the 2004-2005 school year, a student attending a “persistently dangerous” school in this District or who becomes a victim of a “violent criminal offense,” “as determined by State law”, anywhere on District “grounds” or during school-sponsored activities is allowed to attend another school in the District that is not persistently dangerous that offers instruction at the student’s grade level. However, there is no transfer option if there is no other school in this District that offers instruction at the student’s grade level.
A “persistently dangerous” school is defined by State law as a school that has two or more violent criminal offenses in or on school grounds, per 100 students, in each of two consecutive school years. In schools with 300 or fewer students enrolled, six or more violent criminal offenses must occur. Likewise, if a school has 1350 or more students enrolled, 27 or more violent criminal offenses must occur in each of two consecutive school years.
“Violent criminal offense” refers to any violent criminal offense set forth and defined in State law as violent in nature.
“As determined by State law” means that the student has been identified as the victim and the perpetrator has pled guilty to, been adjudicated or convicted of a violent criminal offense in an Ohio court.
“Grounds” includes school bus transportation to and from school and school-sponsored activities and designated bus stops.
[Adoption date: October 21, 2004]
LEGAL REFS.: The Elementary and Secondary Education Act; 20 USC 1221 et seq.
OAC 3301-35-02; 3301-35-04
CROSS REFS.: JFC, Student Conduct (Zero Tolerance)
JFCJ, Weapons in the Schools
Student Handbooks
As soon as the pregnancy is medically confirmed, the Board recommends that the student consult with a member of the student personnel staff or the principal to plan her educational program.
With the staff member involved, the student may elect any of the following educational plans or suggest alternatives.
1. She may remain in her present school program, with modifications as
necessary until the birth of her baby is imminent or until her physician states that
continued participation would be detrimental to her health or that of the baby.
2. When information has been obtained from the student’s physician indicating
that the student is unable to attend school, home-bound instruction is available
at school expense until her physician states that she is physically able to return
to school.
3. With Board approval, she may temporarily withdraw from school and enroll in an
approved educational program in which she can continue her education.
Efforts are made to ensure that the educational program of the student is disrupted as little as possible and that she receives health and counseling services, as well as instruction. Students under the age of 18 are still subject to compulsory education requirements. Students 18 or older are encouraged to return to school after delivery and complete requirements for graduation.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3321.01; 3321.04
CROSS REF.: JEA, Compulsory Attendance Ages
The right to inspect students’ school lockers or articles carried upon their persons and to interrogate an individual student is inherent in the authority granted school boards. All searches are conducted sparingly and only when such search is reasonably likely to produce tangible results to preserve discipline and good order and the safety and security of persons and their property within the area of the school’s responsibility.
Student lockers are the property of the District, and since random searches have a positive impact on reducing drugs and other criminal activity, it is the policy of the Board to permit the building administrator to search any locker and its contents as the administrator believes necessary. Such notice will be posted in every building.
The Board directs the Superintendent to authorize the use of dogs trained in detecting the presence of drugs. The dogs may be used to patrol the school facilities and grounds, including the lockers and parking areas. Use of dogs may be unannounced and random. If a trained canine alerts to a particular vehicle, locker or other container, it shall create reasonable suspicion to search that vehicle, locker or container in accordance with this policy.
[Adoption date: October 21, 2004]
LEGAL REFS.: U.S. Const. Amend. IV
ORC 3313.20
The following rules apply to the search of school property assigned to a specific student (locker, desk, etc.) and the seizure of items in a student’s possession:
1. There should be reasonable cause for school authorities to believe that articles
are kept in the locker, desk or other storage space whose possession
constitutes a crime or school rule violation.
2. General housekeeping inspection of school property may be conducted with
reasonable notice.
3. Illegal items (drugs, weapons, etc.) or other possessions reasonably
determined to be a threat to the safety or security of the other students may be
seized by school authorities at any time.
Searches of Student’s Person or Personal Property by School Personnel
Principals and their designees are permitted to search the person and personal property (purse, knapsack, gym bag, book bag, etc.) of a student when there is reason to believe that evidence will be obtained indicating the student’s violation of the law and/or school rules. The following rules apply in such cases:
1. There should be a reasonable cause to believe that the search will result in
obtaining evidence that indicates the student’s violation of the law and/or school
rules.
2, Searches of person will be conducted by a member of the same sex as the
student and in the presence of another administrator or staff member.
3. Where evidence indicating that a student has violated the law is uncovered, law
enforcement officials will be notified.
4. Strip searches should be discouraged. A substantially higher degree of
certainty (more than a reasonable cause) is required prior to conduct such a
search. In cases where school officials believe a strip search is necessary, law
enforcement officials shall be called to conduct the search.
Searches of Student Property by Police
A law enforcement agency is required to produce a warrant prior to conducting any search of a student’s personal property kept on school premises. When the policy have reason to believe that any item which might pose an immediate threat to the safety or security of others is kept in a student locker, desk or other storage space, searches may be conducted without a previously issued warrant.
The schools have legal custody of students during the school day and during hours of approved extracurricular activities. It is the responsibility of the school administration to try to protect each student under its control. Therefore, the following steps shall be taken.
1. The questioning of students by law enforcement agencies is limited to situations
where parental consent has been obtained or the school official has made an
independent determination that reasonable grounds exist for conducting an
interrogation during school hours.
2. Wherever possible, police officers should contact and/or question students out
of school. When it is absolutely necessary for an officer to make a school
contact with a student, the school authorities, when possible, will bring the
student to a private room and the contact is made out of the sight of others as
much as possible.
3. The school principal or assistant principal(s) must be notified before a student
may be questioned in school or taken from a classroom.
4. If the police have not contacted the parents, the administration shall make
reasonable efforts to notify the parent(s) of the student to be interviewed by the
police. The parent(s) may be present if they so desire.
5. To avoid possible criticism, a school official is to be present when an
interrogation takes place within the school.
6. When the police remove a child from school, the administration will make an
attempt to notify the parent(s).
7. The placement of a School Resource Officer (SRO) in school buildings creates
a constant presence of the police department in the schools. This placement
fosters many student interactions throughout the school day. In the course of
these interactions, information may be obtained by the SRO which may give
cause/need to an immediate investigation of a student(s). The SRO will make
every attempt to notify the school administration and parents in a timely manner
as to the nature and course of the investigation.
8. The police/SRO may be notified by the school principal whenever a student is
involved in any type of criminal activity at school. When the principal learns of
this involvement, he/she should notify the School Resource Officer or police
department in a timely fashion. The school should not attempt to handle
matters which are property in the realm of the police department.
(Approval date: October 21, 2004)
A complete statement governing or describing all the relationships and processes involved in student discipline would be very extensive. The most important part of such a statement would be the relationship of the teacher and the principal in matters of discipline. Teachers must feel free to consult and work closely with the building principal in dealing with any problem with which the teacher might need guidance. This working relationship is one key to desirable discipline and a quality instructional environment.
The Board also believes that the teacher-student relationship in the classroom, halls and on school property is important and should be one of mutual respect at all times. The teacher is recognized as the person in authority at all times in the classroom, halls, buildings, school grounds and at school-related events.
Each case of unsatisfactory behavior by a student is handled individually. The classroom teacher may take the steps which he/she believes are justified in each case. If the student does not respond to these measures, the teacher then refers the student to the principal.
In terms of the relationship of the teacher and principal in discipline matters, the Board expects that whenever a discipline problem appears to extend beyond the classroom, the teacher discusses the problem with the principal. The teacher(s) and the principal work together in attempting to control or correct the problem.
A student’s failure to comply with the requirements for conduct outlined in the student handbooks may result in the student’s being disciplined. The student may lose all rights to participate in school-related social events or extracurricular activities for a period of time determined by the principal. Depending on the seriousness of the offense committed by the student, suspension or expulsion may also result. Discipline is always administered in a reasonable manner.
If several methods of discipline have been used in an effort to solve a problem and it appears necessary, in the judgment of the principal and Superintendent, to discipline or withdraw privileges from a large group, this action may be taken. Any punishment technique involving an entire class or large group is used only as a last resort.
[ Revised date: June 28, 2007 ]
LEGAL REFS.: ORC 3313.20; 3313.66; 3313.661; 3313.662
3319.41; 3301.37.10
IGD, Cocurricular and Extracurricular Activities
JG, all subcodes
Student Handbooks
Early Childhood Education Program Handbook
A student who fails to comply with established school rules or with any reasonable request made by school personnel on school property and/or at school-related events is dealt with according to approved student discipline regulations.
Teachers, principals, administrators and classified staff are authorized by law to use, within the scope of their employment, “such amount of force and restraint as is reasonable and necessary to quell a disturbance threatening physical injury to others, to obtain possession of weapons or other dangerous objects, for the purpose of self-defense, or for the protection of persons or property.”
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3313.20
3319.41
JG, Student Discipline
Student Code of Conduct
Student Handbooks
[Adoption date: October 21, 2004]
The Superintendent may require a student to perform community service in conjunction with or in place of a suspension. The Superintendent may impose a community service requirement beyond the end of the school year in lieu of applying the suspension into the following school year.
The guidelines listed below are followed for all out-of-school suspensions.
1. The student is informed in writing of the potential suspension and the reasons
for the proposed action.
2. The student is provided an opportunity for an informal hearing to challenge the
reason for the intended suspension and explain his/her actions.
3. An attempt is made to notify the parent(s) or guardian(s) by telephone if a
suspension is issued.
4. Within one school day, a letter is sent to the parent(s) or guardian(s) stating the
specific reasons for the suspension and including notice of the right to appeal
such action.
5. Notice of this suspension is sent to the:
A. Superintendent/hearing officer;
B. Treasurer and
C. student’s school record (not for inclusion in the permanent record).
6. Permanent Exclusion. If the offense is one for which the District may seek
permanent exclusion, the notice contains that information.
Prior to appealing, an informal hearing shall be held with the building principal. Suspension may be appealed to the Superintendent or his/her designee.
Should a student who is 18 or older or a student’s parent(s) choose to appeal the suspension, he/she must do so in writing within three calendar days of the notice of suspension. The procedure for such is provided in regulations approved by the Board. All witnesses are sworn and a verbatim record is kept of the hearing which may be held in executive session at the request of the student or his/her parent(s). The student may be excluded from school during the appeal process.
Appeal to the Court
Under State law, appeal of the Board’s or its designee’s decision may be made to the Court of Common Pleas within 10 calendar days of receipt of decision. Notice of appeal must be filed with the Treasurer.
LEGAL REFS.: ORC 3313.66; 3313.661; 3313.662
CROSS REFS.: IGCI, Community Service
JEGA, Permanent Exclusion
JFC, Student Conduct
JFCEA, Gangs
JFCJ, Weapons in the Schools
JGE, Student Expulsion
If either suspension or expulsion is contemplated, a due process hearing is held within three school days after the removal is ordered. Written notice of the hearing and the reason for removal and any intended disciplinary action is given to the student as soon as practicable prior to the hearing. The student has the opportunity to appear at an informal hearing before the principal, assistant principal and Superintendent/designee and has the right to challenge the reasons for the removal or otherwise explain his/her actions. The person who ordered or requested the removal is present at the hearing. Within one school day of the decision to suspend, written notification is given to the parent(s) of the student and the Treasurer of the Board. This notice includes the reasons for the suspension and the right of the student or parent(s) to appeal to the Superintendent/designee.
If the Superintendent or principal reinstates a student prior to the hearing for emergency removal, the teacher may request, and is given, written reasons for the reinstatement. The teacher cannot refuse to reinstate the student.
In an emergency removal, a student can be kept from class until the matter of the alleged misconduct is disposed of either by reinstatement, suspension or expulsion.
In all cases of normal disciplinary procedures in which a student is removed from a curricular or extracurricular activity for less than 24 hours and is not subject to further suspension or expulsion, due process requirements do not apply.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC Chapter 2506
3313.66; 3313.661; 3313.662
CROSS REFS.: ECAB, Vandalism
JFCJ, Weapons in the Schools
JGD, Student Suspension
JGE, Student Expulsion
The Superintendent may require a student to perform community service in conjunction with or in place of an expulsion. The Board may adopt guidelines to permit the Superintendent to impose a community service requirement beyond the end of the school year in lieu of applying the expulsion into the following school year.
The Superintendent shall give the student and parent(s) written notice of the intended expulsion, including reasons for the intended expulsion. The student and parent(s) or representative have the opportunity to appear on request before the Superintendent/designee to challenge the action or to otherwise explain the student’s actions. This notice shall state the time and place to appear, which must not be fewer than three days nor more than five days after the notice is given.
Within 24 hours of the expulsion, the Superintendent shall notify the parent(s) of the student and Treasurer of the Board.
The notice shall include the reasons for the expulsion, the right of the student or parent(s) to appeal to the Board or its designee, the right to be represented at the appeal and the right to request that the hearing be held in executive session.
The Superintendent will initiate expulsion proceedings against a student who has committed an act that warrants expulsion even if the student withdraws from school before the Superintendent has held the hearings or made the decision to expel the student.
Permanent Exclusion
If the offense is one for which the District may seek permanent exclusion, the notice shall contain that information.
Appeal to the Board
A student or a student’s parent(s) may appeal the expulsion by the Superintendent to the Board or its designee. They may be represented in all such appeal proceedings and are granted a hearing before the Board or its designee. All witnesses are sworn and a verbatim record is kept of the hearing which may be held in executive session at the request of the student or parent(s). The student may be excluded from school during the appeal process.
The procedure to pursue such appeal will be in accord with regulations approved by the Board. Notice of the intent to appeal the Superintendent’s decision must be made in writing within five calendar days of the Superintendent’s decision to expel. Notice must be filed through the Treasurer’s office.
Under State law, the decision of the Board/designee may be further appealed to the Court of Common Pleas.
Any student who is expelled from school for more than 20 days or into the following semester or school year is referred to an agency which works towards improving the student’s attitudes and behavior. The Superintendent provides the student and his/her parent(s) with the names, addresses and telephone numbers of the public and private agencies providing such services.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3313.66; 3313.661; 3313.662
CROSS REFS.: ECAB, Vandalism
IGCI, Community Service
JEGA, Permanent Exclusion
JFCJ, Weapons in the Schools
JGD, Student Suspension
JGDA, Emergency Removal of Student
Of necessity, school health services must be limited to the prevention and detection of health problems, referral of problems through parents to the family physicians or community health agencies and emergency care.
Each school shall have on file for each student an emergency medical authorization form providing information from the parent(s) on how they wish the school to proceed in the event of a health emergency involving the student and authorization for the school in case emergency action must be taken.
The Superintendent is authorized to retain services of physicians and/or specialists to make examinations of students as required for the protection of health of students and school employees, with reasonable fees for such examination to be paid by the Board.
Annually, the District will notify parents of physical exams or screenings conducted on students except for vision, hearing or scoliosis.
[Adoption date: October 21, 2004]
LEGAL REFS.: The Elementary and Secondary Education Act; 20 USC 1221 et seq.
Health Insurance Portability and Accountability Act; 29 USC 1181 et seq.
42 U.S.C. Sec. 12101 et seq. (1997)
20 U. S.C. 1232 g Sec. 1400 6301 et seq. (1997)
29 U.S.C. Sec 794(a)(1988)
ORC 3313.50; 3313.67-3313.73
OAC 3301-35-04; 3301-35-06
CROSS REFS.: IGBA, Programs for Students with Disabilities
JED, Student Absences and Excuses
JHCB, Inoculations of Students
JHCD, Administering Medicines to Students
JHG, Reporting Child Abuse
1. Pre-School, Kindergarten and first grade students entering school for the first
time must have a completed health record before being admitted to school.
2. Health records are requested for all students transferring into the District. If the
previous school does not forward a record or if it is incomplete, it is the parents’
responsibility to comply with health requirements for students.
3. Students must have physical examinations prior to their participation in
interscholastic athletic programs.
Annually, the District will notify parents of physical exams or screenings conducted on students except for vision, hearing or scoliosis.
[Adoption date: October 21, 2004]
[Revised date: June 28, 2007 ]
LEGAL REFS.: The Elementary and Secondary Education Act; 20 USC 1221 et seq.
ORC 3313.50; 3313.671; 3313.673; 3313.68; 3313.73
CROSS REF.: JHCB, Inoculations of Students
Students eligible for kindergarten and students new to the school system must present written evidence of similar immunizations or written evidence to indicate that they are in the process of receiving such immunizations, to be completed no later than the day of entrance. Students failing to complete such immunizations will not be permitted to return to school 14 days after entering school.
The Board will require annual tuberculosis examinations of student cafeteria workers who have not been tested.
All children (grades K-12) are required to show evidence of immunization against DPT (diphtheria, pertussis, tetanus) - four doses (if the fourth dose was administered before the fourth birthday, a fifth dose is required); polio - three schedules exist for the polio vaccine (1) a sequential schedule consisting of two doses of IPV, followed by two doses of OPV - four doses are required in any combination; (2) four doses of OPV - a minimum of three doses are required. If the third dose was received before the fourth birthday, a fourth dose is required; (3) four doses of IPV - a minimum of three doses are required. If the third dose was received before the fourth birthday, a fourth dose is required. MMR (measles, mumps, rubella) - the requirements for the second dose of MMR vaccine apply to all first time kindergarten students and to all students in grades 7-12. The three vaccines are usually administered as combined MMR vaccine. The schedule is as follows: two doses of measles, mumps, rubella vaccine are required for entry into kindergarten. The first dose must have been received on or after the first birthday and the second at least 28 days after the first dose. Two doses of measles, mumps, rubella vaccine are required to enter grades 7 through 12. The first dose must have been received on or after the first birthday and the second at least 28 days after the first dose. Hepatitis B - three doses are required; the second dose must have been administered at least 28 days after the first. The third dose must be administered at least two months after the second dose and at least four months after the first dose and at least six months of age. Failure to complete these requirements may result in having the child excluded from school.
If there is a medical reason for a student not to have a particular vaccine, a doctor will provide a written statement which should be sent to the student’s school to be given to the school nurse. Ohio’s immunization laws are designed to protect students from communicable disease, which in the past produced mental or physical handicaps, even death.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3313.67; 3313.671; 3313.71; 3313.711
3701.13
JEG, Exclusions and Exemptions from School Attendance
JHCA, Physical Examinations of Students
Any student suspected or reported to have a communicable disease is examined by a school nurse or public health nurse. Upon the recommendation of the school nurse, the student may be excluded from school. Re-admission is dependent upon a decision by a physician, school nurse or public health nurse. In case of doubt, a school physician is consulted.
If a pre-school student is exposed to a communicable disease at school, written notification will be sent home on the same day.
Pediculosis Capitis (Head Lice)
The District recognizes that Pediculosis Capitis (head lice) is a persistent health nuisance which requires constant attention from the entire school community. The following guidelines are established in order to ensure prompt, consistent action on the part of school personnel:
1. A teacher or any other school employee who suspects head lice are present will
report this to the school principal.
2. The school principal or designee, after a preliminary investigation, will report the
suspected case to the school nurse.
3. The school nurse will inspect the suspected student for head lice. After an
infestation has been confirmed, the parent or guardian will be contacted
immediately, whenever possible. The parent will be asked to remove the child
from school and provide treatment. The child will be re-admitted to school
when the parent confirms by written note that treatment has been provided.
A. When the parent cannot be contacted, the child shall remain in class.
Reasonable precautions will be taken to minimize student contact. A letter
shall be sent home with the child outlining requirements for treatment and
re-admission to school. Re-admission shall be permitted only after the
parent(s) send a note to school confirming that treatment has been given.
4. In cases of frequent re-infestation, the principal may implement additional
measures including, but not limited to, parent conferences, dissemination of
information and/or direct classroom instruction for students, special training for
teachers and/or parents, whole classroom inspections, etc.
[Adoption date: October 21, 2004]
[ Revised date: June 28, 2007 ]
LEGAL REFS.: ORC 3313.67; 3313.68; 3313.71
3319.321
3707.04; 3707.06; 3707.08; 3707.20; 3707.21; 3707.26
CROSS REF.: JEG, Exclusions and Exemptions from School Attendance
Early Childhood Education Program Handbook
(Human Immunodeficiency Virus/
Acquired Immune Deficiency Syndrome)
The Board recognizes that the human immunodeficiency virus (HIV) and the condition of acquired immune deficiency syndrome (AIDS), which is caused by the HIV infection, are significant medical, legal, educational and social issues. The Board desires to protect the rights of all students and employees and does not discriminate against students and employees who are HIV-infected. The Board works cooperatively with State and local health organizations in assessing the needs of HIV-infected students or staff and keeping updated on current educational information to be included in the District’s educational plan.
Current medical information available indicates that HIV cannot be transmitted from one individual to another by casual contact, i.e., the type of contact that occurs in the school setting, such as shaking hands, sharing an office or a classroom, coughing, sneezing or the use of drinking fountains. Students who are infected with HIV are entitled to all rights, privileges and services accorded to other students. Decisions about any changes in the educational program of an HIV-infected student shall be made on a case-by-case basis, relying on the best available scientific evidence and medical advice.
There shall be no discrimination against employees who are HIV-infected. The District provides equal opportunities for employment, retention and advancement for all staff members. Employees who are unable to perform their duties due to an illness, such as those related to HIV, shall retain eligibility for all benefits that are provided for other employees with long-term diseases or disabling conditions, utilizing the information/rights in any Negotiated Agreements or Board policies as appropriate. Changes in employment status or location due to HIV complications are made on a case-by-case basis.
Evaluating Students and Staff Who Are Infected with HIV
The Superintendent is the designee regarding all HIV incidences. When an individual is found to be infected with HIV, the Superintendent shall attempt to ascertain, in consultation with the infected individual, whether he/she has a secondary infection such as tuberculosis that constitutes a recognized risk of transmission in the school setting. This is a medical question that can only be determined by the infected person's physician. The Superintendent shall also attempt to determine ways that the District may help anticipate and meet the needs of the student or staff member infected with HIV.
If there is no secondary infection that constitutes a medically recognized risk of transmission in the school setting, the Superintendent shall not alter the education program or job assignment of the infected person. The Superintendent shall periodically review the case with the infected person (and the parent(s) of the student) and with the medical advisors described above.
If an individually tailored plan is necessary, it shall have a minimal impact on either education or employment. It must be medically, legally, educationally and ethically sound. The Superintendent periodically reviews individual cases and oversees implementation of the plan in accordance with local, Ohio and Federal laws.
Confidentiality
Information regarding a student or staff member infected with HIV is classified, by law, as confidential. Those individuals who have access to the proceedings, discussions or documents must treat such information as confidential. Only with the written consent of the staff member or the student’s parent(s) shall other school personnel, individuals and agencies be informed of the situation/condition. All information pertaining to the case shall be kept by the Superintendent in a locked file; access to this file is granted only to those people who have the written consent of the infected staff member or the infected student’s parent(s).
HIV Advisory Committee
The President of the Board may appoint an HIV Advisory Committee. The committee consists of one member of the Board, the Superintendent, one principal, one teacher, the District’s legal counsel, the school physician and a doctor who specializes in communicable diseases. Other persons who may be considered as members include a guidance counselor, a student and an official of the County Department of Health. The function of the HIV Advisory Committee is:
1. to keep informed regarding the latest medical developments and information
regarding HIV;
2. to advise the Board regarding policies and regulations and any changes which
the committee recommends in such policies to the Board;
3. to advise the Board regarding the HIV education program;
4. to develop guidelines for Board consideration on hygienic practices in schools
and
5. to assist any student, parent or employee who is seeking information about HIV.
The Board directs the administration to develop an educational plan to inform employees about HIV-related issues and safety. In developing such programs, it is expected that information from sources such as the National Centers for Disease Control, the Ohio Department of Health and the Ohio Department of Education is utilized.
The educational program should ensure that, at a minimum, students and staff are informed in a consistent manner about:
1. the nature of HIV infection, including how it is and is not transmitted according to
current scientific evidence;
2. District guidelines related to students and employees with diseases such as
HIV infection;
3. resources within the District and the surrounding community for obtaining
additional information or assistance and
4. procedures to prevent the spread of all communicable diseases at school.
[Adoption date: October 21, 2004]
LEGAL REFS.: Family and Medical Leave Act; 29 USC 2611 et seq.
ORC 3313.67; 3313.68; 3313.71
3319.13; 3319.141; 3319.321
3701.13; 3701.14
3707.06; 3707.08; 3707.20; 3707.21; 3707.26
3709.20; 3709.21
OAC 3301-35-02
CROSS REFS.: AC, Nondiscrimination
ACB, Nondiscrimination on the Basis of Disability
EBBC, Bloodborne Pathogens
GBA, Equal Opportunity Employment
GBE, Staff Health and Safety
GBL, Personnel Records
JB, Equal Educational Opportunities
JO, Student Records
Staff and Student Handbooks
1. The school nurse or an appropriate person appointed by the Board supervises
the secure and proper storage and dispensation of medications. The
medication must be received in the container in which it was dispensed by the
prescribing physician or others licensed to prescribe medication.
2. Written permission must be received from the parent(s) of the student,
requesting that the school nurse or an appropriate person comply with the
physician’s order.
3. The school nurse or other designated individual must receive and retain a
statement which complies with State law and is signed by the physician who
prescribed the medication or other person licensed to prescribe medication.
4. The parent(s) must agree to submit a revised statement, signed by the
physician or other licensed individual who prescribed the medication, to the
nurse or other designated individual if any of the information originally provided
by the physician or licensed individual changes.
5. No employee who is authorized by the Board to administer a prescribed
medication and who has a copy of the most recent statement is liable in civil
damages for administering or failing to administer the medication, unless
he/she acts in a manner which would constitute “gross negligence or wanton or
reckless misconduct.”
6. No person employed by the Board is required to administer a medication to a
student except pursuant to requirements established under this policy. The
Board shall not require an employee to administer a medication to a student if
the employee objects, on the basis of religious convictions, to administering the
medication.
Students have the right to possess and use a metered-dose inhaler or a dry-powder inhaler to alleviate asthmatic symptoms or before exercise to prevent the onset of asthmatic symptoms. The right applies at school or at any activity, event or program sponsored by or in which the student's school is a participant.
In order for a student to possess the inhaler, he/she must have written approval from the student’s physician and parent or other caretaker. The principal and/or the school nurse must have received copies of these required written approvals.
LEGAL REFS.: ORC 2305.23; 2305.231
3313.712; 3313.713
OAC 3301-35-03
CROSS REFS.: EBBA, First Aid
JFCH, Alcohol Use by Students
JFCI, Student Drug Abuse
1. The person or persons designated to administer medication receives a written
request, signed by the parent(s) having care or charge of the student, that the
medication be administered to the student.
2. Each person designated to administer medication receives a statement,
signed by the physician or other person licensed to prescribe medication,
which includes all of the following information:
A. the name and address of the student;
B. the school and class in which the student is enrolled;
C. the name of the medication and the dosage to be administered;
D. the times or intervals at which each dosage of the medication is to be
administered;
E. the date on which the administration of the medication is to begin;
F. the date on which the administration of the medication is to cease;
G. any severe adverse reactions which should be reported to the physician
and one or more telephone numbers at which the person who prescribed
the medication can be reached in case of an emergency and
H. special instructions for administration of the medication, including sterile
conditions and storage.
3. The parent(s) agree to submit a revised statement signed by the physician who
prescribed the medication to the person designated to administer medication if
any of the information provided by the person licensed to prescribe medication
as described above changes.
4. The person authorized to administer the medication receives a copy of the
statement described above.
5. The medication is received by the person authorized to administer the
medication to the student for whom the medication is prescribed in the
container in which it was dispensed by the prescribing physician or other
licensed professional. The parent agrees to assume all responsibility to ensure
safe delivery of the prescribed medication and its accompanying signed
permission form to the designated school official.
6. Parent Permission for Administration of Medication form must be submitted
annually at the start of the school year and each time instructions and/or
medication changes.
No person who has been authorized by the Board to administer a medication and has a copy of the most recent statement which was given to him/her prior to administering the medication is liable for administering or failing to administer the medication, unless such person acts in a manner which constitutes “gross negligence or wanton or reckless misconduct.”
A person employed by the Board is not required to administer a prescribed medication to a student unless a Board regulation establishes a requirement; furthermore, the Board shall not require an employee to administer a medication to a student if the employee objects, on the basis of religious convictions, to administering the medication.
Board policy and regulations regarding dispensation of medication must be formally adopted by the Board and may be changed, modified or revised only by action of the Board.
Inhalers
In order for a student to possess and use an inhaler, he/she must have written approval from the student’s physician and parent or other caretaker. The principal and/or the school nurse must have received copies of these required written approvals.
The physician’s written approval must specify the minimum following information:
1. the student's name and address;
2. the name of the medication contained in the inhaler;
3. the date the administration of the medication is to begin;
4. the date, if known, that the administration of the medication is to cease;
5. written instructions which outline the procedures school personnel should follow
in the event that the asthma medication does not produce the expected relief
from the student's asthma attack;
6. any severe adverse reactions that may occur to the student using the inhaler
that should be reported to the physician;
7. any severe reactions that may occur to another student for whom the inhaler is
not prescribed, should he/she receive a dose of the medication;
8. at least one emergency telephone number for contacting the physician;
9. at least one emergency telephone number for contacting the parent, guardian or
other person having care or charge of the student in an emergency and
10. any other special instructions from the
Name of Student: __________________ Grade: _________ School: ________
Address of Student:_______________________________________________
_______________________________________________________________
Severe adverse reactions that should be reported to the physician: ____________
*** One medication per form
*** Any revision to physician’s prescription requires a new form
*** Parent agrees to notify school nurse of any revision of physician
Prescription
________________________________________________________________
To be completed by school
Person(s) authorized to administer medication for this student. Principal should list name(s).
________________________________ ______________________________
________________________________ ______________________________
Principal’s Signature _________________________ Date _________________
OF MEDICATION TO STUDENTS
I hereby request, authorize and give my consent to the principal or his/her delegate (school nurse or other trained person) to store and administer the following medication for my child.
Student address: ____________________________________________________
Name of prescribed medication: ________________________________________
Dosage and time(s) to be administered:___________________________________
I hereby release Miamisburg City Schools and all employees from any liability or damages resulting from the consequences or adverse reactions of my child’s taking, or failing to take, this medication at the time prescribed. I also understand that if the medication dosage or time of administration is changed, I must submit a new “Physician Permission” form indicating the change. I also acknowledge that all medication must be in the original container in which it was purchased.
Date _____________ Parent/guardian signature ________________________
Work telephone number _________________________
(Authorization Form)
Medication Name: ___________________________________________________
Dosage: __________________________________________________________
Date the administration is to begin: ______________________________________
Date the administration is to cease: ______________________________________
__________________________________________________________________
Adverse reactions that should be reported to the physician: ____________________
__________________________________________________________________
Other special instructions:______________________________________________
Physician and parent/guardian names, signatures and emergency phone numbers:
Parent/Guardian Name:___________________ Phone (work) ________________
Other ______________________ Signature ______________________________ Date ______________________
File: JHCE (Also GBED)
HAND WASHING
Studies have shown that hand washing and personal hygiene are the most important measures a person can use to prevent illness and communicable disease. Many germs can live for long periods on tables, counters and other hard surfaces. Hand washing with soap and warm water for a minimum of twenty (20) seconds, paying close attention to the surfaces between the fingers and on the back of the hands, is best for removing dirt and germs. The proper use of hand sanitizers is also useful in controlling the spread of germs.
It is the policy of Miamisburg City Schools that students and staff will implement the best practices of hand washing. Some of the best practices of hand washing outlined by the Ohio Department of Health include:
1. After using the rest room;
2. Before and after eating;
3. If their hands are visibly soiled;
4. If the student or staff member has encountered chemicals or other items, such as soil, in a science lab, art room, vocational facility or other educational venue that soils hands;
5. If the student or staff member encountered chemicals during cleaning the school environment;
6. After cleaning animal habitats or handling animals;
7. Before and after each task when preparing food in any class such as family science or an integrated class;
8. After athletic practices and games;
9. If the student or staff member has encountered bodily fluids (e.g. blood, nasal discharge, mucous from coughing, etc.;
10. After recess;
11. After sneezing or coughing.
When soap and water are not available and hands are not visibly soiled, CDC guidance adds that alcohol-based, waterless disposable hand wipes or gel sanitizers may be used in place of hand washing on most occasions. Not all sanitizers are effective, however. A 60 percent minimum alcohol concentration is necessary to kill most harmful bacteria and viruses.
Hand washing signs will be posted at all rest rooms and/or hand sinks.
Soap, warm water and towels or an air dryer will be located at all hand washing areas.
The school will provide education in hand washing and hand hygiene at least once every school year.
[Adoption date: September 17, 2009]
CROSS REF.: GBED, Hand Washing
OTHER REF.: Ohio Department of Health, Montgomery County Combined Health District
1. learning how to practice safety and prevent accidents;
2. learning how to safely use and properly care for tools and equipment so as to
reduce the potential for accidents;
3. developing habits of good housekeeping, proper storage and handling of
materials, and sanitation;
4. becoming familiar with personal protection devices and the proper clothing to
be worn for safety purposes and
5. learning how to cooperate with others in the promotion and operation of a safety
program in the schools and on school vehicles.
Instruction in courses in industrial technology, science, family consumer science, art, physical education, health and safety includes and emphasizes safety and accident prevention.
Safety instruction precedes the use of materials and equipment by students in the courses listed above, and instructors teach and enforce all safety rules established for the particular courses. These include the wearing of personal protective devices in appropriate situations.
Staff members instruct students not to accept gifts or automobile rides from strangers. Students are also instructed to tell staff members, parents, law enforcement officials or school safety patrols of any suspicious strangers in or around school property.
The Board provides instruction in personal safety and assault prevention in pre-school through grade 6. Upon the written request of a parent, a student shall be excused from such instruction.
In an attempt to further ensure student safety, staff members:
1. shall not send students on errands that would require the student to leave school
property and/or drive a vehicle;
2. shall not attempt to counsel, assess, diagnose or treat a student’s personal
problem relating to sexual behavior, substance abuse, mental or physical health
and/or family relationships but, instead, should refer the student to the
appropriate individual or agency for assistance;
3. shall not disclose information concerning a student, other than directory
information, to any person not authorized to receive such information. This
includes, but is not limited to, information concerning assessments, ability
scores, grades, behavior, mental or physical health and/or family background
and
4. shall, pursuant to law and Board policy, immediately report any suspected signs
of child abuse or
[Adoption date: October 21, 2004]
[Revised date: June 28, 2007 ]
LEGAL REFS.: ORC 3313.60; 3313.643; 3313.96
3705.05
3737.73
4107.31
OAC 3301-35-03
EB, Safety Program
EBD, Crisis Management
JEE, Student Attendance Accounting (Missing and Absent Children)
JHG, Reporting of Child Abuse
JHH, Notification About Sex Offenders
To ensure prompt reports, procedures for reporting are made known to the school staff. A person who participates in making such reports is immune from any civil or criminal liability, provided the report is made in good faith.
The Board shall develop a program of in-service training in child abuse prevention for all elementary school nurses, teachers, counselors, school psychologists and administrators. The Board shall develop this program in consultation with public or private agencies or persons involved in child abuse prevention or intervention programs.
Each person employed by the Board to work as an elementary school nurse, teacher, counselor, school psychologist or administrator shall complete at least four hours of in-service training in child abuse prevention within three years of commencing employment with the District.
3319.073
The Board recognizes the School Social Worker as the Montgomery County Children’s Services/School liaison.
Referrals for Child Abuse and Neglect
Any school employee who suspects, or has reason to suspect, that a child has been abused or neglected must personally report this fact to Montgomery County Children’s Services (ORC 2151.421). This report will be made by phone by calling CSB Intake at 224-5437 or in person and will be made as soon as the abuse or neglect is brought to their attention. If there is any doubt or question as to the need for reporting on a specific case, a referral is to be made to Children’s Services.
Reports of abuse and neglect should contain sufficient information to locate the child and assess his/her safety. The report shall include:
1. names and addresses of child, child’s parents and/or persons having custody of
child and
2. the child’s age and the nature and extent of the child’s known or suspected
injuries, abuse or neglect, or of the known suspected threat of injury, abuse or
neglect.
When making the phone report, complete the confidential report of Suspected Child Abuse and Neglect form. Have all witnesses to the abuse sign the form on the spaces provided. Fax the completed form to the School Social Worker, 865-5250.
The School Social Worker is responsible for the coordination of the suspected abuse and neglect cases to Children’s Services. When possible, the School Social Worker’s name should be indicated at the time of the report to Children’s Services. The School Social Worker:
1. may request that the school nurse assist in determining possible areas of
trauma visible on the child.
2. or principal, as appropriate, may request police photographs of the areas of
trauma visible on the child and such evidence shall be forwarded to Children’s
Services, consistent with ORC 2151.421 (C3).
3. must immediately be notified if the child is not in school on the next scheduled
day of attendance. The reason for absence is to be investigated by the School
Social Worker. The abuse/neglect report investigation is the responsibility of
the Children’s Services Board.
coordination of services between the family, school and Children’s Services. If
the School Social Worker is not available to coordinate services in an
emergency situation, the principal will contact an appropriate party to assist
Children’s Services.
In situations where the school has not made the referral, Children’s Services will coordinate the efforts to interview children through the School Social Worker. The interviews will be scheduled in a timely manner.
The following legal references and paraphrase of the statutes relating to child abuse and neglect are incorporated herein:
ORC 2151.421 and OARC 5101:2-34-04 require the following school professionals to personally report incidents of suspected abuse or neglect:
1. school psychologist
2. speech pathologist
3. audiologist
4. registered or practical nurse
5. teacher
6. school employee
7. administrators
8. licensed professional counselor
Failure to report can result in criminal penalties.
ORC 2151.99 and OARC 5101:2-34-04 explain that failure to report child abuse and neglect is a misdemeanor of the fourth degree.
(Approval date: October 21, 2004)
AM
Date of Birth:_______ Sex:______ Date of Injury:_______ Time of Injury:_____ PM
Address of Child at Time of Injury:____________________ City:________________
Mother’s Full Name:_________________ Father's Full Name: _________________
Mother’s Address:__________________ Father's Address: __________________
Mother’s Soc. Sec. No.:_____ Phone:____ Father’s Soc. Sec. No.:_____ Phone:___
Name of Alleged Perpetrator:__________________ Relationship to Child:________
Address:____________________________________ Phone:________________
| First Name of Siblings (last name if different) | DOB | Any AKA's |
|
|
_________________________________________________________________
Evidence of any Previous Abuse, Injury or Neglect
_________________________________________________________________
Your Agency Involvement
_________________________________________________________________
Agencies Notified: ___ Police ___ Hosp. Soc. Serv. ___ Other (specify):______
Date Reported: ____ Person Reporting: ______ Phone:______ Agency Name:____
If Oral Report made, give Date:_____ Hour:____ To Whom Reported____________
Signature:______________ Date:________ Signature:___________ Date:_______
Signature:______________ Date:________ Signature:___________ Date:_______
Signature:______________ Date:________ Signature:___________ Date:_______
Signature:______________ Date:________ Signature:___________ Date:_______
Signature:______________ Date:________ Signature:___________ Date:_______
Signature:______________ Date:________ Signature:___________ Date:_______
Mail white copy to: Central Intake, Mont. Co. Children Services; 3501 Merrimac Avenue, Dayton, OH 45405 (937) 276-8121, FAX: (937) 276-6597. Retain yellow copy for your file.
If the Superintendent receives information from the sheriff concerning a sexual predator or habitual sex offender subject to community notification, the Superintendent disseminates the information regarding the sexual predator or habitual sex offender to employees whose duties include supervision of or responsibility for students. Employees who receive the information are instructed to promptly notify the Superintendent if the sexual predator or habitual sex offender is observed in the vicinity of the school. The Superintendent notifies the local law enforcement agency if, in the judgment of the Superintendent, the presence of the sexual predator or habitual sex offender appears to be without a legitimate purpose or otherwise creates concern for the safety of the students. The law enforcement agency evaluates the situation and takes whatever action it deems appropriate. The law enforcement agency informs the Superintendent of any action taken and may provide advice regarding any additional action which the Superintendent should consider taking.
If the Superintendent receives information from the sheriff concerning a sexual predator or habitual sex offender subject to community notification, the Superintendent may inform parents, guardians and adult students that he/she has received notice that a sexual predator or habitual sex offender is residing within the District and that certain information concerning the offender is public record and is open to inspection at the office of the sheriff with whom the offender has registered.
If the Superintendent receives information from the sheriff concerning a sexual predator or habitual sex offender subject to community notification, he/she shall not release any other information and shall direct any inquiries to the office of the sheriff with whom the offender has registered.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC Chapter 2950, Section149.93
OAC Chapter 109:5-2
Work Permits
In compliance with law, the Superintendent is responsible for processing requests for and issuing work permits as necessary. Employment must meet all legal requirements pertaining to jobs suitable for minors.
In-School Employment
Part-time and summer jobs may be open to students commensurate with their abilities and the needs of the school for student help. The Board also authorizes the District to provide cooperative work-experience programs.
The Board approves appointments and establishes pay rates.
[Adoption date: October 21, 2004]
LEGAL REFS.: ORC 3313.56; 3313.93
3321.08-3321.11
3331.01-3331.15
Chapter 4109
4111.02
48 USC 1324a et seq.
The following guidelines are in effect.
1. Teachers discourage gifts from students. Notes of appreciation are
appropriate.
2. Charity or general solicitations from students are permitted only after written
approval has been given by the Superintendent. The Superintendent/designee
annually approves all solicitations which are permitted in the schools.
3. There is no solicitation of money from local industry, businesses, District
residents, parents or by any school organization without the approval of the
Superintendent. All solicitations and fund-raising activities by student groups
must be in compliance with the District’s policy on student fund-raising
activities.
4. When the graduating class wishes to present a gift to the school, it is
encouraged to donate the balance of the class fund to a school service project,
the school scholarship fund or to present a gift that has long-lasting benefit to all
students in the District.
5. Permission is never given for the school to sponsor nonschool fund-raisers or to
provide for student involvement in such activities.
LEGAL REF.: ORC 3313.20
CROSS REFS.: GBI, Staff Gifts and Solicitations
IGDF, Student Fund-Raising Activities
KI, Public Solicitations in the Schools
KJ, Advertising in the Schools
Staff members should strive to secure individual and group discipline, and should be treated with respect by students at all times. By the same token, staff members should extend to students the same respect and courtesy that they, as staff members, have a right to demand.
Although it is desired that staff members have a sincere interest in students as individuals, partiality and the appearance of impropriety must be avoided. Excessive informal and/or social involvement with individual students is prohibited. Such conduct is not compatible with professional ethics and, as such, will not be tolerated.
Staff members are expected to use good judgment in their relationships with students both inside and outside of the school context including, but not limited to, the following guidelines.
1. Staff members shall not make derogatory comments to students regarding the
school and/or its staff.
2. The exchange of purchased gifts between staff members and students is
discouraged.
3. Staff-sponsored parties at which students are in attendance, unless they are a
part of the school’s extracurricular program and are properly supervised, are
prohibited.
4. Staff members shall not fraternize, written or verbally, with students except on
matters that pertain to school-related issues.
5. Staff members shall not associate with students at any time in any situation or
activity which could be considered sexually suggestive or involve the presence
or use of tobacco, alcohol or drugs.
6. Dating between staff members and students is prohibited.
7. Staff members shall not use insults or sarcasm against students as a method of
forcing compliance with requirements or expectations.
8. Staff members shall maintain a reasonable standard of care for the supervision,
control and protection of students commensurate with their assigned duties and
responsibilities.
9. Staff members shall not send students on personal errands.
10. Staff members shall, pursuant to law and Board policy, immediately report any
suspected signs of child abuse or neglect.
assess, diagnose or treat a student’s personal problem relating to sexual
behavior, substance abuse, mental or physical health and/or family
relationships. Other staff members should refer the student to the appropriate
individual or agency for assistance.
12. Staff members shall not disclose information concerning a student, other than
directory information, to any person not authorized to receive such information.
This includes, but is not limited to, information concerning assessments, ability
scores, grades, behavior, mental or physical health and/or family background
CROSS REFS.: GBCA, Staff Conflict of Interest
GBCB, Staff Conduct
GBI, Staff Gifts and Solicitations
JHG, Reporting Child Abuse
JL, Student Gifts and Solicitations
JO, Student Records
KBA, Public’s Right to Know
CONTRACT REFS.: Teachers’ Negotiated Agreement
Classified Staff Negotiated Agreement
Students enrolled in District schools are furnished basic textbooks without cost. However, a fee for consumable materials and supplies used in the instructional program is established at the beginning of each school year and may vary as the cost of materials and supplies fluctuates. Such fees are to be deposited in the rotary operating funds of the Board to defray the cost of the materials and supplies.
If the District receives Disadvantaged Pupil Impact Aid funds, it cannot charge a student recipient of Aid to Dependent Children or Disability Assistance a fee for any materials needed to participate fully in a course of instruction. This provision does not apply to extracurricular activities and student enrichment programs that are not a course of instruction.
Fines
When school property, equipment or supplies are damaged, lost or taken by individuals, a fine is assessed. The fine is reasonable, seeking only to compensate the school for the expense or loss incurred.
The late return of borrowed books or materials from the school libraries is subject to appropriate fines.
All fines collected are sent to the Treasurer for deposit in the general fund of the Board.
Collection of Student Fees and Fines
The administration may establish regulations for the collection of student fees and fines.
No diploma shall be delivered to a graduating senior nor shall any transcripts be made available to any student, graduate or to anyone requesting same on his/her behalf until all fees and fines for that student have been paid in full. Participation in extracurricular field trips may not be permitted unless payment has been received. Students will be prohibited from participating in commencement exercises unless payment has been received.
The criteria utilized for the determination of financial need will be:
1. Care Source Card
2. Medicaid Card
3. Self Sufficiency Form (#ODH 3520) from Ohio Works First
1. The principal will advise parents of fees due at the beginning of the school year.
2. A payment schedule may be arranged at the building level with full payment to
be received by June 15.
[Revised: March 25, 2008]
3329.06
IGCD, Educational Options (Also LEB)
MATERIALS FEES
Address __________________________________________________________
You have requested that your child(ren):
__________________ Grade _____ ____________________ Grade _____
__________________ Grade _____ ____________________ Grade _____
__________________ Grade _____ ____________________ Grade _____
be exempt under Ohio Revised Code 3313.642 and receive a waiver for payment of the 20____ - 20____ Miamisburg City Schools fees, workbook and supplies charges. This does not apply to any fees that may be charged for extracurricular activities, fines, school pictures, parking fees or lunch charges.
To verify that you do in fact qualify under Ohio law for this waiver of fees, please show to the principal of your child’s school at least one of the following items:
1. Care Source Card
2. Medicaid Card
3. Self Sufficiency Form (#ODH 3520) from Ohio Works First
With any of these documents, your child(ren) will have their 20____ - 20____ fees, workbook and supplies fees waived by the school district. Without at least one of these, you will be expected to pay all fees and expenses as charged.
If you have questions about how you receive these health cards and where to get the agreements you need to sign, please contact the Montgomery County Department of Human Services, Ohio Works First (TANF), at 937-225-4148 in Dayton, Ohio.
______________________________ __________________________________ Principal Director of Pupil Services
The Superintendent is responsible for the proper administration of student records in keeping with State law and federal requirements and the procedures for the collection of necessary information about individual students throughout the District.
Upon request, all records and files included in the student’s cumulative file are available to parent(s) or the student (if he/she is over 18 years of age). This request must be in writing and is granted within seven calendar days. No records are to be removed from the school. A principal, teacher or other qualified school personnel must be present to explain any of the tests or other material.
All rights and protections given to parents under law and this policy transfer to the student when he/she reaches age 18 or enrolls in a postsecondary school. The student then becomes an “eligible student.”
The District provides notice to parents and eligible students annually, in accordance with the procedures set forth under administrative regulations, of the rights held by parents and eligible students under law and this policy. It is the intent of the District to limit the disclosure of information contained in the student’s education records except:
1. by prior written consent;
2. as directory information and
3. under other limited circumstances, as enumerated under administrative
regulations.
The following rights exist:
1. the right to inspect and review the student’s education records;
2. the right, in accordance with administrative regulations, to seek to correct parts
of the student’s education records, including the right to a hearing if the school
authority decides not to alter the records according to the parent(s)’ or eligible
student’s request;
3. the right of any person to file a complaint with the U.S. Department of Education
if the District violates relevant Federal law, specifically the Family Educational
Rights and Privacy Act (FERPA) and
4. the right to acquire information concerning the procedure which the parent(s) or
eligible student should follow to obtain copies of this policy, the locations from
which these copies may be obtained, as well as any fees to be charged for such
copies. *(See administrative regulations.)
1. student’s name
2. name of student’s parents
3. student’s address
4. telephone number(s)
5. student’s date and place of birth
6. participation in officially recognized activities and sports, including videotaped
programs
7. student’s achievement awards or honors, including videotaped programs
8. student’s weight and height, if a member of an athletic team
9. major field of study
10. dates of attendance (“from and to” dates of enrollment)
11. date of graduation
12. class designation
13. student photo, including videotaped program
14. previous school attended
The above information is disclosed without prior written consent, except when the request is for a profit-making plan or activity. Student records that consist of “personally identifiable information” generally are exempt from disclosure. Student directory information, however, is released unless the parents have affirmatively withdrawn their consent to release in writing.
Administrative regulations set forth a procedure for annual notification to parents and eligible students of the District’s definition of directory information. Parents or eligible students then have two weeks in which to advise the District, in accordance with such regulations, of any or all items which they refuse to permit as directory information about that student.
To carry out their responsibilities, school officials have access to student education records for legitimate educational purposes. The District uses the criteria set forth under administrative regulations to determine who are “school officials” and what constitutes “legitimate educational interests.”
The District maintains, in accordance with administrative regulations, an accurate record of all requests to disclose information from, or to permit access to, a student’s education records and of information disclosed and access permitted.
[Adoption date: October 21, 2004]
LEGAL REFS.: Family Educational Rights and Privacy Act; 20 USC Section 1232g
ORC 149.41; 149.43
1347.01 et seq.
3317.031
3319.32; 3319.321; 3319.33
3321.12; 3321.13
3331.13
OAC 3301-35-02(B)(4)(b); 3301-35-03(E)
KBA, Public’s Right to Know
A. Records to be retained permanently
1) student cumulative record folder, enrollment withdrawal information
2) grades/transcripts
3) attendance record
4) activities record
5) individual test results; standardized, competency/proficiency aptitude
6) date of graduation or withdrawal
7) special education due process folder
8) intervention record
9) foreign exchange record
10) home schooled student records
11) individual psychological evaluations (gathered with written consent of
parents)
B. Records of verifiable information to be retained during the student’s school
career
1) medical/health data
2) individual psychological evaluation (gathered with written consent of
parent(s))
3) individual intelligence tests, tests for learning disabilities, etc.
(counselor-administered)
4) other verifiable information to be used in educational decision making
2. Maintaining student records
A. Transcripts of the scholastic record contain only factual information. The
District confines its recordkeeping to tasks with clearly defined
educational ends.
B. Items listed under 1-A are retained for 100 years. Those listed under 1-B
are retained in accordance with the District records’ disposal policy.
C. Teacher and staff comments on student records are confined to matters
related to student performance. Value judgments are excluded from the
record.
D. Student records are considered as current educational and/or therapeutic
tools and are available for use as such.
The following definitions of terms pertain to this statement of policy.
Student - any person who attends or has attended a program of instruction
sponsored by the Board.
Eligible student - a student or former student who has reached age 18 or is
attending a postsecondary school.
have been removed by a court order, a guardian or an individual acting as a
parent or guardian in the absence of the student’s parent(s).
Dates of attendance - means the period of time during which a student attends or
attended an educational agency or institution. Examples of dates of attendance
include an academic year, a spring semester or a first quarter. The term does
not include specific daily records of a student’s attendance at an educational
agency or institution.
Education records - any records (in handwriting, print, tapes, film or other
medium) maintained by the District, an employee of the District or an agent of the
District which are related to a student, except:
1. a personal record kept by a school staff member that meets the following
tests:
A. it is in the sole possession of the individual who made it;
B. use only as a personal memory aid and
C. information contained in it has never been revealed or made available
to any other person, except the maker’s temporary substitute;
2. an employment record which is used only in relation to a student’s
employment by the District (employment for this purpose does not include
activities for which a student receives a grade or credit in a course) and
3. alumni records which relate to the student after he/she no longer attends
classes provided by the District and the records do not relate to the person
as a student.
Personal identifier - any data or information which makes the subject of a record
known, including the student’s name, the student’s address, the student’s social
security number, a student number, a list of personal characteristics or any other
information which would make the student’s identity known.
The notice includes:
1. the right of a parent(s) or eligible student to inspect and review the student’s
education records;
2. the intent of the District to limit the disclosure of information contained in a
student’s education records, except: (1) by the prior written consent of the
student’s parent(s) or the eligible student, (2) as directory information or (3)
under certain limited circumstances, as permitted by law;
of the student’s education records which he/she believes to be inaccurate,
misleading or in violation of student rights; this right includes a hearing to
present evidence that the records should be changed if the District decides not
4. the right of any person to file a complaint with the Department of Education if the
District violates the FERPA and
5. the procedure that a student’s parent(s) or an eligible student should follow to
obtain copies of this policy and the locations where copies may be obtained.
An administrator arranges to provide translations of this notice to non-English-speaking parents in their native language.
| TYPES | LOCATION | CUSTODIAN |
|
Cumulative School Records |
Principals'/Guidance |
Principals |
|
Cumulative School Records (Former Students) |
Central Office | Director, Pupil Services |
| Health Records | Principals' Offices | Principals |
|
Speech Therapy Records |
Principals'/Guidance Offices |
Principals |
| Psychological Records | ||
|
School Transportation Records |
School Bus Garage |
Supervisor of Pupil Transportation |
|
Special Test Records |
Principals'/Guidance Offices |
Principals |
|
Occasional Records (Student education records not identified above; such as those in Superintendent's office, in the school attorney's office, or in the personal possession of teachers) |
Principals' Offices |
Principals |
Parents or eligible students should submit to the student’s school principal a written request which identifies as precisely as possible the record or records which he/she wishes to inspect.
The principal (or other custodian) contacts the parent(s) of the student or the eligible student to discuss how access is best arranged (copies, at the exact location or records brought to a single site).
The principal (or other custodian) makes the needed arrangements as promptly as possible and notifies the parent(s) or eligible student of the time and place where the records may be inspected. This procedure must be completed within 45 days or earlier after the receipt of the request for access.
If for any valid reason such as working hours, distance between record location sites or health, a parent(s) or eligible student cannot personally inspect and review a student’s education records, the District arranges for the parent(s) or eligible student to obtain copies of the records. (See information below regarding fees for copies of records.)
When records contain information about students other than a parent(s)’ child or the eligible student, the parent(s) or eligible student may not inspect and review the records of the other students.
Federal law requires the District to provide copies of records for the following reasons:
1. when the refusal to provide copies effectively denies access to a parent(s) or
eligible student;
2. at the request of the parent(s) or eligible student when the District has provided
the records to third parties by the prior consent of the parent(s) or eligible
student or
3. at the request of the parent(s) or eligible student when the District has
forwarded the records to another district in which the student seeks or intends to
enroll.
The fee for copies provided under Federal law may not include the costs for search and retrieval.
The fee for all other copies such as copies of records forwarded to third parties with prior consent or those provided to parents as a convenience is _ per page (actual search, retrieval copying cost and postage, if any).
1. student’s name
2. name of student’s parents
3. student’s address
4. telephone number(s)
5. student’s date and place of birth
6. participation in officially recognized activities and sports, including videotaped
programs
7. student’s achievement awards or honors, including videotaped programs
8. student’s weight and height, if a member of an athletic team
9. major field of study
10. dates of attendance (“from and to” dates of enrollment)
11. date of graduation
12. class designation
13. student photo, including videotaped program
14. previous school attended
Within the first three weeks of each school year, the District publishes the above list, or a revised list, of the items of directory information which it proposes to designate as directory information. For students enrolling after the notice is published, the list is given to the student’s parent(s) or to the eligible student at the time and place of enrollment.
After the parents or eligible students have been notified, they have two weeks in which to advise the District in writing (a letter to the Superintendent’s office) of any or all of the items which they refuse to permit the District to designate as directory information about that student.
At the end of the two-week period, each student’s records are appropriately marked by the record custodians to indicate the items which the District designates as directory information about that student. This designation remains in effect until it is modified by the written direction of the student’s parent(s) or the eligible student.
1. a person duly elected to the Board;
2. a person certificated by the state and appointed by the Board to an
administrative or supervisory position;
3. a person certificated by the state and under contract to the Board as an
instructor;
4. a person employed by the Board as a temporary substitute for administrative,
substitute or
5. a person employed by, or under contract to, the Board to perform a special task
such as a secretary, a Treasurer, Board attorney or auditor for the period of
his/her performance as an employee or contractor.
School officials who meet the criteria listed above have access to a student’s records if they have a legitimate educational interest in those records. A “legitimate educational interest” is the person’s need to know in order to:
1. perform an administrative task required in the school employee’s position
description approved by the Board;
2. perform a supervisory or instructional task directly related to the student’s
education or
3. perform a service or benefit for the student or the student’s family such as health
care, counseling, student job placement or student financial aid.
The District releases information from or permits access to a student’s education records only with a parent’s or an eligible student’s prior written consent, except that the school Superintendent or a person designated in writing by the Superintendent may permit disclosure under the following conditions:
1. when students seek or intend to enroll in another school district or a
postsecondary school; (upon the condition that the student’s parents be notified
of the transfer, receive a copy of the record and have an opportunity for a
hearing to challenge the content of the record)
2. when certain federal and state officials need information in order to audit or
enforce legal conditions related to federally supported education programs in
the District;
information to:
A. establish the student’s eligibility for the aid;
B. determine the amount of financial aid;
C. establish the conditions for the receipt of the financial aid or
D. enforce the agreement between the provider and the receiver of financial
aid;
4. if a State law adopted before November 19, 1974 required certain specific
items of information to be disclosed in personally identifiable form from student
records to state or local officials;
5. when the District has entered into a written agreement or contract for an
organization to conduct studies on the District’s behalf to develop tests,
administer student aid or improve instruction;
6. when accrediting organizations need those records to carry out their accrediting
functions;
7. when parents of eligible students claim the student as a dependent;
8. when it is necessary to comply with a judicial order or lawfully issued subpoena;
eligible student before making a disclosure under this provision and
9. if the disclosure is an item of directory information and the student’s parent(s) or
the eligible student has not refused to allow the District to designate that item as
directory information for that student.
The District permits any of its officials to make the needed disclosure from student education records in a health or safety emergency if:
1. the official deems it is warranted by the seriousness of the threat to the health or
safety of the student or other persons;
2. the information is necessary and needed because of the emergency;
3. the persons to whom the information is to be disclosed are qualified and in
positions to deal with the emergency or
4. time is an important and limiting factor in dealing with the emergency.
District officials may release information from a student’s education records if the student’s parent(s) or the eligible student gives his/her prior written consent for the disclosure. The written consent must include at least:
1. a specification of the records to be released;
3. the person or the organization or the class of persons or organizations to whom
the disclosure is to be made;
4. the parent(s) or student’s signature and
5. the date of the consent and, if appropriate, a date when the consent is to be
terminated.
The student’s parent(s) or the eligible student may obtain a copy of any records disclosed under this provision.
The District does not release information contained in a student’s education records, except directory information, to any third parties, except its own officials, unless those parties agree that the information is not redisclosed, without the parent(s)’ or eligible student’s prior written consent.
DISCLOSURES MADE FROM EDUCATION RECORDS
The record includes:
1. the name of the person who or agency which made the request;
2. the interest which the person or agency has in the information;
3. the date on which the person or agency made the request and
4. whether the request was granted and, if it was, the date access was permitted
or the disclosure was made.
The District maintains this record as long as it maintains the student’s education record.
The records do not include requests for access or information relative to access which has been granted to parent(s) of the student or to an eligible student, requests for access or access granted to officials of the District who have a legitimate educational interest in the student; requests for, or disclosures of, information contained in the student’s education records if the request is accompanied by the prior written consent of a parent(s) or eligible student or if the disclosure is authorized by such prior consent or for requests for, or disclosures of, directory information designated for that student.
For the purpose of outlining the procedure to seek to correct education records, the term “incorrect” is used to describe a record that is inaccurate, misleading or in violation of student rights. The term “correct” is used to describe a record that is accurate, not misleading and not in violation of student rights. Also, in this section, the term “requester” is used to describe the parent(s) of a student or the eligible student who is asking the District to correct a record.
To establish an orderly process to review and correct the education records for a requester, the District may make a decision to comply with the request for change at several levels in the procedure.
First-level decision. When a parent of a student or an eligible student finds an item in the student’s education records which he/she believes is inaccurate, misleading or in violation of student rights, he/she should immediately ask the record custodian to correct it. If the records are incorrect because of an obvious error and it is a simple matter to make the record change at this level, the records custodian makes the correction. If the records are changed at this level, the method and result must satisfy the requester.
If the custodian cannot change the records to the requester’s satisfaction, or the records do not appear to be obviously incorrect, he/she:
1. provides the requester a copy of the questioned records at no cost;
2. asks the requester to initiate a written request for the change and
3. follows the procedure for a second-level decision.
Second-level decision. The written requests to correct a student’s education records through the procedure at this level should specify the correction which the requester wishes the District to make. It should at least identify the item the requester believes is incorrect and state whether he/she believes the item:
1. is inaccurate and why;
2. is misleading and why and/or
3. violates student rights and why.
The request is dated and signed by the requester.
Within two weeks after the records custodian receives a written request, he/she:
1. studies the request;
those who may have a professional concern about the District’s response to
the request)
3. makes a decision to comply or decline to comply with the request and
4. completes the appropriate steps to notify the requester or moves the request to
the next level for a decision.
If, as a result of this review and discussion, the records custodian decides the records should be corrected, he/she effects the change and notifies the requester in writing that he/she has made the change. Each such notice includes an invitation for the requester to inspect and review the student’s education records to make certain that the records are in order and the correction is satisfactory.
If the custodian decides the records are correct, he/she makes a written summary of any discussions with other officials and of his/her findings in the matter. He/She transmits this summary and a copy of the written request to the Superintendent.
Third-level decision. The Superintendent reviews the material provided by the records custodian and, if necessary, discusses the matter with other officials such as the school attorney or the Board (in executive session). He/She then makes a decision concerning the request and completes the steps at this decision level. Ordinarily, this level of the procedure should be completed within two weeks. If it takes longer, the Superintendent notifies the requester in writing of the reasons for the delay and indicates a date on which the decision will be made.
If the Superintendent decides the records are incorrect and should be changed, he/she advises the record custodian to make the changes. The record custodian advises the requester of the change as he/she would if the change had been made at the second level.
If the Superintendent decides the records are correct, he/she prepares a letter to the requester which includes:
1. the District’s decision that the records are correct and the basis for the
decision;
2. a notice to the requester that he/she has a right to ask for a hearing to present
evidence that the records are incorrect and that the District grants such a
hearing;
3. advice that the requester may be represented or assisted in the hearing by
other parties, including an attorney at the requester’s expense and
4. instructions for the requester to contact the Superintendent or his/her designee
to discuss acceptable hearing officers, convenient times and a satisfactory site
for the hearing. (The District is not bound by the requester’s positions on these
items but may, as far as feasible, arrange the hearing as the requester wishes.)
Fourth-level decision. After the requester has submitted (orally or in writing) his/her wishes concerning the hearing officer, the time and place for the hearing, the Superintendent, within a week, notifies the requester when and where the District will hold the hearing and who it has designated as the hearing officer.
Within one week after the hearing, the hearing officer submits to the Superintendent a written summary of the evidence submitted at the hearing. Together with the summary, the hearing officer submits his/her recommendation, based solely on the evidence presented at the hearing, that the records should be changed or remain unchanged.
The Superintendent prepares the District’s decision within two weeks of the hearing. That decision is based on the summary of the evidence presented at the hearing and the hearing officer’s recommendation. The District’s decision is based solely on the evidence presented at the hearing. The Superintendent may overrule the hearing officer if he/she believes the hearing officer’s recommendation is not consistent with the evidence presented. As a result of the District’s decision, the Superintendent takes one of the following actions.
1. If the decision is that the District changes the records, the Superintendent
instructs the records custodian to correct the records. The records custodian
corrects the records and notifies the requester as in the context of the
second-level decision.
2. If the decision is that the District does not change the records, the
Superintendent prepares a written notice to the requester which includes:
A. the District’s decision that the records are correct and will not be changed;
B. a copy of a summary of the evidence presented at the hearing and a
written statement of the reasons for the District’s decision and
C. advice to the requester that he/she may place in the student’s education
records an explanatory statement which states the reasons why he/she
disagrees with the District’s decision and/or the reasons he/she believes
the records are incorrect.
Final administrative step in the procedure. When the District receives an explanatory statement from a requester after a hearing, it maintains that statement as part of the student’s education records as long as it maintains the questioned part of the records. The statement is attached to the questioned part of the records and whenever the questioned part of the records is disclosed, the explanatory statement is also disclosed.
Certain directory information may be released to media, colleges, civic or school-related organizations and state or governmental agencies as well as published in programs for the athletic, music and theater presentations of this District.
Directory information includes the following kinds of information:
1. student’s name
2. name of student’s parents
3. student’s address
4. telephone number(s)
5. student’s date and place of birth
6. participation in officially recognized activities and sports, including videotaped
programs
7. student’s achievement awards or honors, including videotaped programs
8. student’s weight and height, if a member of an athletic team
9. major field of study
10. dates of attendance (“from and to” dates of enrollment)
11. date of graduation
12. class designation
13. student photo, including videotaped program
14. previous school attended
Please circle the specific categories of information, if any, listed above that you do not wish to be released without your specific prior written permission.
_________The release of all directory information is denied.
This form must be completed and returned to the principal within 10 days after publication of the notice on “Directory Information” if the release of specific directory information is denied.
Name of Student School Grade
_____________________________ _______________________ __________
PROTECTION OF PUPIL RIGHTS AMENDMENT (PPRA)
1. political affiliations or beliefs of the student or the student’s parent:
2. mental or psychological problems of the student or the student’s family,
“potentially embarrassing to the student or family”;
3. sex behavior or attitudes;
4. illegal, antisocial, self-incriminating or demeaning behavior;
5. critical appraisals of other individuals with whom respondents have close family
relationships;
6. legally recognized privileged or analogous relationships, such as those of
lawyers, physicians and ministers;
7. religious practices, affiliations or beliefs of the student or student’s parent or
8. income (other than that required by law to determine eligibility for participation
in a program and/or for receiving financial assistance under such program).
Parents have a right to inspect a survey created by a third party before that survey is administered by the school to students. Parents are notified by the school when a survey is to be administered and will have at least two weeks to review the materials.
In order to protect student privacy rights when a school survey is to be administered that contains one of the prohibited eight items identified in this policy, parents have the right to inspect the survey. If parents do not want their child to be a participant in the survey, they must notify the school.
The collection, disclosure or use of student personal information for the purpose of marketing or selling that information, or providing the information to others for that purpose, is prohibited. This does not include personal information collected for the exclusive purpose of developing, evaluating or providing educational products or services for, or to, students or educational institutions such as:
2. book clubs, magazines and programs providing access to low-cost literary
products;
3. curriculum and instructional materials used by K-12 schools;
4. tests and assessments used by grades K-12 to provide cognitive, evaluative,
diagnostic, clinical, aptitude or achievement information about students, or to
generate other statistically useful data for the purpose of securing these tests
and assessments, and the subsequent analysis and public release of the
aggregate data from these tests and assessments;
5. the sale by students of products or services to raise funds for school or
education related activities or
6. student recognition program.
For specific events, the school must notify the parents annually of the projected or approximate dates of the following activities:
1. the collection, disclosure or use of student personal information for the purpose
of marketing or selling that information, or providing the information to others for
that purpose;
2. the administration of a survey containing any of the eight items identified in this
policy and
3. annually, the District will notify parents of physical exams or screenings
conducted on students except for vision, hearing or scoliosis.
Parents or eligible students, who believe their rights have been violated, may file a complaint with:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue SW
Washington, DC 20202-4605
