PAGOSA SPRINGS HIGH SCHOOL
Student Handbook
2023-2024
MISSION
Preparing for Success by Continuously Improving
VISION
Preparing all of our students to succeed after high school in the college or career pathway they choose by building community, inspiring contribution, challenging to grow, and embracing diversity.
Monday - Friday 8:00 AM - 4:00 PM
PSHS 970-264-2231
Attendance Line……………………………………………………………….. x 1
Front Office Student Aide…………………. x 2
Front Office Secretary Nicole Sanchez……………… x 3
Athletic Secretary/Health Aide Rebecca Aucoin…………... x 4
Principal Sean O’Donnell……….…….. x 5
Assistant Principal/Athletics Chantelle Jordan…………….. x 6
Guidance Counselor Mark Thompson…………… x 7
Registrar Krisha Doocy……………….. x 8
Cafeteria ………………………………………………………………………….. x 9
General Website www.mypagosaschools.com
Athletics Website www.pagosaathletics.com
Facebook Pagosa Springs High School
Instagram @pagosaspringspirates
Mon-Thur Friday
RtI 8:00-8:15 RtI 8:00-8:15
1 8:15-9:45 1 8:15-9:25
2 9:50-11:20 2 9:30-10:40
Adv. 11:25-12:05 3 10:45-11:55
Lunch 12:05-12:35 Lunch 11:55-12:30
3 12:40-2:10 4 12:35-1:45
4 2:15-3:45
Students who are tardy to class not only create a disruption of the learning environment for themselves, but they interrupt the flow of information to their peers and the teacher’s ability to create and sustain an optimum teaching environment. A tardy occurs when a student is not in the classroom when the tardy bell rings, but he/she arrives within 15 minutes after the tardy bell rings.. Students who arrive to class more than 15 minutes late are considered absent. Students may receive a lunch detention for excessive tardies. Students who arrive late to school, will only receive a note from the office if they are excused by a parent.
Rudeness, verbal brutality, and intimidation directed at others will be addressed by disciplinary action. Disciplinary action could include a mandatory review of the techniques that deal with anger management, conflict resolution, respect for others feelings, as well as enhancing one's own self-respect.
Students can be suspended for behaviors including, but not limited to the following: directing profanity at another student, returning profanity as a response to another student's actions, spreading rumors that cause a conflict between students, ridicule directed toward other students, intimidation, verbal abuse, promoting a fight, encouraging a fight during a fight, and any other act that is meant to hurt, ridicule, and/or defame another person.
During lunch, students may only be in the commons area, outside*, or in an area supervised by a teacher. *Students who choose to go outside must remain in the triangle area in front of the main entrance or in a supervised area approved by administration. Students are not allowed in the parking lot area during lunch.
Use of Restrooms
Only one student will be allowed to occupy any single-use restroom or restroom stall at any one time. Students who are found to be in violation of this will be subject to lunch detention for the first offense, ISS for the second offense, OSS and possible remedial discipline/behavior plan for 3 or more offenses.
All students must remain on campus from the time they arrive on school property until the final bell. Exemptions to this rule are seniors off period, tutors, and school to work students. These students must sign out in the front office before leaving campus. Students who leave campus without a "Permit to Leave" or without signing out will be considered truant. Parents/Guardians are asked to understand the schools intentions to provide a safe environment for all students during lunch. Excusing students at lunch for the purpose of just being off of school property during lunch is a conflict with this guideline. Parents wanting to eat lunch with their student must personally sign them out in the school office.
Students who have become legally emancipated in another state or who have left the residence of their guardian must report their situation to the principal or assistant principal immediately upon enrollment or change of status. These students will meet with both the principal and/or assistant principal to receive instruction on their attendance procedure.
In order to receive a Permit to Leave, the following is needed.
Students are not permitted in the halls during class periods unless they are accompanied by a teacher or have a hall pass from an authorized staff member. A student or student aide should not be allowed to leave class without a pass. It is the student’s responsibility to bring assigned materials to class.
The first ten minutes of class is used by teachers to engage students in the content to be learned for that day. Teachers also use that time to review and lay out activities for the period. The last ten minutes is used by teachers to bring closure and to explain out of class assignments to be completed. Because of the importance of these two time frames, students are not allowed to be in the hallways during the first ten minutes and the last ten minutes of any class period. At all other times, students must have a pass to be in the hallway.
At PSHS, students under suspension from school are not allowed on school property and may not attend any school function during their suspension. In order to be readmitted, the student must be accompanied by his/her parent(s) or guardian and confer with the principal or assistant principal.
Bus passes for one day are obtained by the parent calling the school office prior to the end of the school day. A written pass will be issued from the office. (As of 8/29/23, per transportation department, no bus passes will be available until further notice.)
The transportation department requires each student to:
Each bus driver is responsible to transport students to and from school safely daily. When a student is not following the rules, this is a distraction for the driver and could cause an unsafe situation for all of the riders on board. Students who do not comply with the bus rules will receive consequences as follows:
Pink slips are given to the student by the driver when the student continues to disobey the bus rules. The driver alerts the parent/guardian that he/she has given their student a pink slip, and that their bus riding privileges have been suspended. Riding privileges will be reinstated when the pink slip is returned to the driver, signed by the parent/guardian, assuring us that you have discussed proper bus behavior with your child.
3 pink slips will result in a three-day bus suspension. Repetitive bus violations could result in permanent bus suspension.
Students will be responsible to pay for replacement/repairs if they damage the seats on the bus, by cutting, tearing, or graffiti that they are unable to remove.
For more serious violations such as defiance of authority, possession or use of drugs, alcohol or tobacco products, vandalism, possession of weapons, bullying and fighting, there will be more serious consequences determined by the principal and transportation director.
If a student's bus privileges have been revoked for misconduct, transportation will not be provided for any purpose including to and from school and all school sanctioned activities until the suspension is completed.
Seniors who come to school during their off-period may only be in the commons area or in the senior perch unless previous arrangements have been made through the front office. Seniors must get permission from the librarian before entering the library during a free block.
The school district recognizes the need to provide parking spaces for students who drive their own vehicles to school. To the extent feasible, the district will make available parking spaces, however students need to understand that parking on school district property is a privilege and not a right.
Vehicles not parked in designated spaces will be subject to being towed. Vehicles parked on school property are subject to search and inspection if the administration has reasonable suspicion that the vehicle contains items or substances that are detrimental to the welfare and safety of students and school personnel and/or prohibited by state law or school district policy.
The maximum speed limit on high school property is 15 mph. If wishing to drive the maximum limit, students must also consider existing road and weather conditions. Students who exceed the speed limit could lose their privilege to operate any motor vehicle on school property from a minimum of one week to a period not to exceed the length of one school year (9 months). Students driving in the parking lot and on school property are required to abide by all traffic laws.
The school district is not responsible for damage, loss or theft of such items. However, at teacher discretion, they may be used in the classroom. Students must understand there is a difference in the needs of each learning environment as dictated by the subject area and the teacher. Students must respect the policies of each teacher and understand the use and/or presence of cell phones may be denied in some classrooms. Parents are encouraged to model proper use of electronic devices by not contacting students during scheduled class periods.
All special announcements not contained in the written announcements, and the names of students and teachers who have messages in the office will be announced during breaks. Parents are encouraged to call the offices with messages for their students. These messages will be posted on the bulletin board in the office. There will be no all-school public address announcements made at any other time except with the prior approval of the principal or assistant principal. In case of emergency, the student will be called to the office immediately.
Students are responsible for the books that are checked out to them at the beginning of the year. If these books are lost or returned in poor condition, the student will be expected to pay for them.
All books must be checked out at the main circulation desk. Taking library books or materials without checking them out constitutes scholastic dishonesty and violates other students' rightful use of these materials. Students caught taking or defacing materials will lose their library privileges.
Students coming to the library individually must have a hall pass. Students are expected to use individual library time for study and research, not for visiting with other students.
Students may not bring student visitors to school. On a limited basis and through administrative approval and coordination, non-students wanting to visit the school in preparation for attending Pagosa Springs High School in the future may make visitation arrangements.
High School dances are not open to the public. Anyone 21 years of age or older will not be allowed to attend a dance. Students who have dropped out of school may not participate in any dance or school activity until after the date of their original graduation. Junior High students are also not allowed at High School dances.
Once students have arrived at a dance, they may not leave the building and return later. Tobacco, alcohol, and/or drug use is not allowed and school rules apply to these functions as they do during the school day.
Students who are suspected to be under the influence of drugs or alcohol will be detained until their parents can come to the school to get them. if the parents/guardians of the student cannot be notified, the student will be released to local authorities.
**Any student who knowingly violates any of the above guidelines, will be subject to losing his/her privilege to attend future High School dances.
In order that a meaningful set of rules and regulations be established for the safety and well-being of all, each student participating in extracurricular activities and athletics is expected to recognize that the school's authority and responsibility extends from within the building itself to any area or activity which is sponsored by the School District. Students should become familiar with the Pagosa Springs High School Student & Parent Athletic Handbook and each activity's specific rules and regulations.
All teachers at Pagosa Springs High School use the following 4-point scale for determining letter grades:
A -- 4 grade points = 90-100…………………Advanced Understanding
B -- 3 grade points = 80-89………………………Proficient Understanding
C -- 2 grade points = 70-79………………………Partial Proficient Understanding
D -- 1 grade point = 60-69………………………..In Progress
All classes that are “Advanced Placement” will be on a 5-point scale.
Being named to the Pagosa Springs High School Honor Roll is a significant mile-stone in a student's school experience. Those students who are named to the Pagosa Springs High School Honor Roll are recognized by their teachers, peers, and the community as examples of students who have made an exemplary academic effort.
The Pagosa Springs High School Student Honor Roll is composed of any student who obtains a 3.2 grade average with no grade lower than a "B" and who has maintained acceptable attendance.
Pagosa Springs High School urges students to conduct themselves ethically and honorably. It is expected that the grade a student earns is based upon work the student has performed. Cheating is dishonest. It harms you and it harms the other students who do not cheat. We, therefore, will not condone nor will we tolerate any student submitting work that is not produced solely by the student’s own initiative.
The following behaviors may be considered as possible acts of cheating: plagiarism, talking during an exam, copying another’s test/assignment, allowing others to copy your work, roving eyes, open books or notebooks during an exam, crib sheets/cheat sheets, passing notes during an exam, cell phone use during an exam, printing another’s work, having someone do your assignment for you (homework, project, lab, etc.), stealing exams, selling exams, altering a grade (in grade book, on a computer, on a report card), taking an exam for someone else, using bribery/blackmail/threats, intimidation in pursuit of a better grade.
Category One Offense
Teacher may:
Administrator may:
Teacher may:
Administrator may:
Teacher may:
Administrator may:
Category Two Offense
Teacher may:
Administrator may:
Any student receiving an out-of-school suspension is responsible for making up all missed work. A student will have one additional class period for every class period he/she is suspended to make up all missed work.
Students who withdraw from school, regardless of the reason, must present to the office a statement signed by either parent or guardian stating the reason for withdrawal. After the office receives this statement, the student will be issued a check-out form which is to be signed by each of the student's teachers he/she has for a class or activity, and the librarian. Upon completion, the form is to be returned to the office. Money owed to the school must be taken care of at this time or earlier.
Students will be issued unofficial grades at this time. Official grades will be mailed to the student's new school upon written request from that school, providing all books have been returned and all bills paid. Transcripts cannot be forwarded until a student officially withdraws.
With Highest Distinction, 4.0 Grade Point Average
With Great Distinction, 3.9 Minimum Grade Point Average
With Academic Distinction, 3.8 Minimum Grade Point Average
A school counselor is someone who is:
Why would you see a school counselor?
To talk about: Scheduling, Admissions, Financial Aid, College Applications, Scholarships, Graduation Requirements, Career/Job Planning, Time Management, Loss/ Change, Relationships, Peer Pressure, Conflict Management, Substance Abuse, STD/AIDS, Abuse, Eating Disorders, Dropping Out
How do you make an appointment to see a counselor?
Self-Referral
Friend Referral
Teacher Referral
Parent Referral
Per direction of the Colorado Department of Education, all juniors will take the Scholastic Aptitude Test (SAT) in April of their junior year. Juniors can also take this national assessment five other times yearly, August through May. The April test is required by CDE for all juniors in the state of Colorado. The Pagosa Springs High School CEEB code is 061135.
Through the Scholarships In Escrow program, students can earn funds for post-secondary education. The funds may be applied to paying expenses at an approved college, university, business or vocational school. Based upon the A's and B's received in science, math, language arts, social studies, and foreign language courses, students may earn $40.00 for each A and $20.00 for each B.
There is only one valedictorian and one salutatorian chosen from the graduating class. The students earning valedictorian, salutatorian, or top ten are selected based on the cumulative grade point average from their first three years, together with their grade point average of their senior year, through the first three quarters. The date to review students will be the day grades are posted for the third quarter.
The decision for Valedictorian or Salutatorian will be made by reviewing the students who share the top grade point average after weighting. The potential Valedictorian or Salutatorian must have been a student at Pagosa Springs High School for the entirety of their Junior and Senior year to be considered. For the consideration of these distinctions only, the grade point average will be weighted. For every class that is an honors course or has the honors designation, .5 points will be added to the value of that class. For example, an "A" in English II is worth 4 points, whereas an "A" in Honors English II is worth 4.5 points. All Advanced Placement classes are already on the 5-point scale, so they will not be given additional weighting. If there is a tie after weighting, there is an application offered as a tie-breaker. The positions will be selected from among the applicants according to the following considerations: volunteerism, community service, extracurricular activities, and dedication to others. The valedictorian is the student selected as the top in the class, according to these criteria, and the salutatorian is the student selected as the runner-up. The decision as to which student is the valedictorian or salutatorian will be made by a committee which reviews all applications. The decision will be announced in the late spring.
For Top-Ten, the students are chosen based solely on the grade point averages through the 3rd quarter of senior year. The Top-Ten students are recognized in the yearbook and participate in the graduation ceremony. To qualify to be in the Top-Ten (other than Valedictorian or Salutatorian), a student only needs to a current student of Pagosa Springs High School.
The Board of Education recognizes that effective learning and teaching take place in a safe, secure and welcoming environment and that safe schools contribute to improved attendance, increased student achievement and community support. The School Board has directed the Superintendent of Schools, following consultation with the District Accountability Committee, parents, teachers, administrators, students and when appropriate, members of the community, to develop a safe schools plan. The plan and yearly audit can be reviewed at any of the schools within the School District.
Archuleta School District 50 JT uses Standard Response Protocol (SRP) as its emergency management system. Families of, and those attending, Pagosa Springs High School agree to comply with this protocol.
In cases of extreme emergency that involves the general safety of the students and all school personnel, the following procedures should be followed:
From The Standard Response Protocol K12 & The Standard Reunification Method PK-12 COLORADO
Cell Phones During Safety Drills
It is not uncommon for school administrators to ban cell phone use during a lockdown. Parent instincts may be at odds with that ban. Often, one of the first things a parent will do when there is a crisis in the school is text their child.
In evaluating actual lockdown events, the initial crisis may only take minutes. After the threat is mitigated, Law Enforcement typically clears the school one classroom at a time. This process may take significant time. During this time, both parents and students can reduce stress through text communications.
There is also an opportunity to ask the students to text their parents with crafted messages. For example, “Pick me up at Lincoln Elementary in one hour. Bring your ID.”
The staff of Archuleta School District 50 JT and Pagosa Springs High School have worked with local law enforcement to determine the best course of action regarding cell phone use during an emergency. Following the guidance of the Standard Response Protocol, staff will instruct students to wait for a specified amount of time prior to allowing intermittent text messages to communicate with those outside of the building. Although this may cause stress to not be in communication during the event, there are several safety factors which have led the creators of this protocol to instruct schools in this way.
Trained detection canines may conduct random unannounced contraband inspection of all campus locations in the district. The canines are trained to detect the presence of illicit drugs, prescription and over the counter drugs, alcoholic beverages, and gunpowder based items.
District owned property such as: all campus buildings, buses or vehicles, all exterior grounds including parking lots will be randomly inspected for prohibited contraband items. All property on school grounds is subject to inspection including privately owned vehicles. If detected and found, the district will initiate the appropriate disciplinary action.
The district nurse divides her time between Pagosa Springs Elementary, MIddle, and High Schools. She is responsible for screenings, health care, immunization and health records and various other health issues with the assistance of each school’s Health Aide. It is not her job, or that of the Health Aides, to take the place of our local doctors or public health facilities.
See policies JLC, JLCB, JLCB-R, JLCD, and JLCDA for more information.
The health room is available for students who become ill or are injured while in school. The student must obtain permission from his/her teacher before going to the health room. The student must check in with a secretary, nurse, principal, or assistant principal before using the room. Students are to enter from the main office. Students may use the room for fifteen minutes. After this time, if the student is too ill to return to class, he/she must notify his/her parents and have a parent or guardian pick them up. If unable to reach a parent, the student may return to the health room, if permission is obtained from the office personnel.
In this section, you will see policies from the school district that pertain to students and families.
The Board (of Education) is committed to providing a safe learning and work environment where all members of the school community are treated with dignity and respect. The schools in the district are subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, sex, sexual orientation, national origin, religion, ancestry or need for special education services. Accordingly, no otherwise qualified student, employee, applicant for employment or member of the public shall be excluded from participation in, be denied the benefits of, or be subjected to unlawful discrimination under any district program or activity on basis of race, color, national origin, ancestry, creed, religion, sex (which includes marital status), sexual orientation, disability or need for special education services. Discrimination against employees and applicants for employment based on age is also prohibited in accordance with state and federal law. This policy and regulation shall be used to address all concerns regarding unlawful discrimination and harassment, except those regarding sexual harassment which are addressed in policies GBAA and JBB*. In keeping with these statements, the following shall be objectives of this school district:
Annual notice
The district shall issue a written notice prior to the beginning of each school year that advises students, parents, employees and the general public that the educational programs, activities and employment opportunities offered by the district are offered without regard to race, color, sex (which includes marital status), sexual orientation (which includes transgender), religion, national origin, ancestry, creed, disability or need for special education services. With respect to employment practices, the district shall also issue written notice that it does not discriminate on the basis of age, genetic information or conditions related to pregnancy or childbirth. The announcement shall also include the name/title, address, email address and telephone number of the person designated to coordinate Title IX and Section 504 and ADA compliance activities.
The notice shall be disseminated to persons with limited English language skills in the person's own language. It shall also be made available to persons who are visually or hearing impaired.
The notice shall appear on a continuing basis in all district media containing general information, including: teachers' guides, school publications, the district's website, recruitment materials, application forms, vacancy announcements, student handbooks, school program notices, summer program newsletters and annual letters to parents.
Harassment is prohibited
Harassment based on a person’s race, color, national origin, ancestry, creed, religion, sex (which includes marital status), sexual orientation (which includes transgender), disability or need for special education services is a form of discrimination prohibited by state and federal law. Preventing and remedying such harassment in schools is essential to ensure a nondiscriminatory, safe environment in which students can learn, employees can work and members of the public can access and receive the benefit of district facilities and programs. All such harassment, by district employees, students and third parties, is strictly prohibited.
All district employees and students share the responsibility to ensure that harassment does not occur at any district school, on any district property, at any district or school‐sanctioned activity or event, or off school property when such conduct has a nexus to the school, or any district curricular or non‐curricular activity or event.
For purposes of this policy, harassment is any unwelcome, hostile and offensive verbal, written or physical conduct based on or directed at a person's race, color, national origin, ancestry, creed, religion, sex, sexual orientation (which includes transgender), disability or need for special education services that: (1) results in physical, emotional or mental harm, or damage to property; (2) is sufficiently severe, persistent, or pervasive that it interferes File: AC Archuleta School District 50 Joint, Pagosa Springs, Colorado Page 3 of 5 with an individual's ability to participate in or benefit from an educational program or activity or creates an intimidating, hostile or threatening environment; or (3) substantially disrupts the orderly operation of the school. Board policy on sexual harassment (GBAA for employees and JBB* for students) will apply to complaints alleging sexual harassment.
Harassing conduct may take many forms, including but not limited to:
Reporting unlawful discrimination and harassment
Any student who believes he or she has been a victim of unlawful discrimination or harassment as defined in Board policy, or who has witnessed such unlawful discrimination or harassment, shall immediately report it to an administrator, counselor, teacher or the district ‘s compliance officer and file a complaint as set forth in the regulation which accompanies this policy.
Any employee, applicant for employment or member of the public who believes he or she has been a victim of unlawful discrimination or harassment, or who has witnessed such unlawful discrimination or harassment, shall file a complaint with either an immediate supervisor or the district's compliance officer.
If the individual alleged to have engaged in prohibited conduct is the person designated as the compliance officer, an alternate compliance officer shall be designated to investigate the matter in accordance with this policy’s accompanying regulation.
District Action
All district employees who witness unlawful discrimination or harassment shall take prompt and effective action to stop it, as prescribed by the district.
The district shall take appropriate action to promptly and impartially investigate allegations of unlawful discrimination and harassment, to end unlawful behavior, to prevent the recurrence of such behavior and to prevent retaliation against the individual(s) who files the complaint and/or any person who participates in the investigation. When appropriate, the district shall take interim measures during the investigation to protect against further unlawful discrimination, harassment or retaliation.
To the extent possible, all reports of unlawful discrimination or harassment will be kept confidential. Students or employees who knowingly file false complaints or give false statements in an investigation shall be subject to discipline, up to and including suspension/expulsion for students and termination of employment. No student, employee or member of the public shall be subject to adverse treatment in retaliation for any good faith report of harassment under this policy.
Upon determining that incidents of unlawful discrimination or harassment are occurring in particular district settings or activities, the district shall implement measures designed to remedy the problem in those areas or activities.
Any student or employee who engages in unlawful discrimination or harassment shall be disciplined according to applicable Board policies and the district shall take reasonable action to restore lost educational or employment opportunities to the victim(s).
In cases involving potential criminal conduct, the compliance officer shall determine whether appropriate law enforcement officials should be notified.
Notice and training
To reduce unlawful discrimination and harassment and ensure a respectful school environment, the administration is responsible for providing notice of this policy to all district schools and departments. The policy and complaint process shall be referenced in student and employee handbooks and otherwise available to all students, staff and members of the public through electronic or hard‐copy distribution.
Students and district employees shall receive periodic training related to recognizing and preventing unlawful discrimination and harassment. District employees shall receive additional training related to handling reports of unlawful discrimination and harassment.
The training will include, but not be limited to:
Here are links to the policy. https://www.mypagosaschools.com/ourpages/board_policies/Section%20A%20-%20Foundations%20and%20Basic%20Commitments/AC%20-%20Nondiscrimination-Equal%20Opportunity.pdf
In compliance with Title VI & VII of the Civil Rights Act of 1964, Title IX of the Education Amendment of 1972; Section 504 of the Rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act of 2008, and Colorado law, Archuleta School District 50 Joint does not unlawfully discriminate on the basis of race, color, sex, religion, national origin, ancestry, creed, age, marital status, sexual orientation, genetic information, disability or need for special education services in admissions, access to, treatment, or employment in educational programs or activities which it operates.
Complaint procedures have been established for students, parents, employees and members of the public. The following person has been identified as the compliance officer for the district:
Dr. Kym LeBlanc-Esparza, Superintendent of Schools
P.O. Box 1498
Pagosa Springs, CO 81147
Phone: (970) 264-2228 ext. 402
The following person has been identified as the alternate compliance officer for the district:
Laura Mijares, Assistant Superintendent of Schools
P.O. Box 1498
Pagosa Springs, CO 81147
Phone: (970) 264-2228 ext. 405
Outside agencies
Complaints regarding violations of Title VI, (race, national origin), Title IX (sex/gender), Section 504/ADA (handicap or disability), may be filed directly with the Office for Civil Rights, U.S. Department of Education, 1244 North Speer Blvd., Suite 310, Denver, CO 80204. Complaints regarding violations of Title VII (employment) and the ADEA (prohibiting age discrimination in employment) may be filed directly with the Federal Office of Equal Employment Opportunity Commission, 303 E. 17th Ave., Suite 510, Denver, CO 80202, or the Colorado Civil Rights Commission, 1560 Broadway, Suite 1050, Denver, CO 80202.
Here is the link to the policy:
The district is committed to providing a working and learning environment that is free from unlawful discrimination and harassment. The district shall promptly respond to concerns and complaints of unlawful discrimination and/or harassment; take action in response when unlawful discrimination and/or harassment is discovered; impose appropriate sanctions on offenders in a case‐by‐case manner; and protect the privacy of all those involved in unlawful discrimination and/or harassment complaints as required by state and federal law. When appropriate, the complaint shall be referred to law enforcement for investigation.
The district has adopted the following procedures to promptly and fairly address concerns and complaints about unlawful discrimination and/or harassment. Complaints may be submitted orally or in writing.
Definitions
Compliance officer's duties
The compliance officer shall be responsible for conducting an investigation and coordinating all complaint procedures and processes for any alleged violation of federal or state statute or Board policy prohibiting unlawful discrimination or harassment. The compliance officer's duties shall include providing notice to students, parents/guardians of students, employees and the general public concerning the compliance process, providing training for district staff regarding the prohibition of discrimination/harassment in all district programs, activities and employment practices, disseminating information concerning the forms and procedures for the filing of complaints, ensuring the prompt investigation of all complaints, coordinating hearing procedures, and identifying and addressing any patterns or systemic problems that arise during the review of complaints. The compliance officer may delegate any or all of the foregoing responsibilities as necessary and/or appropriate under the circumstances.
Complaint procedure
An aggrieved individual is encouraged to promptly report the incident as provided in Board policy and this regulation. All reports received by teachers, counselors, principals or other district employees shall be promptly forwarded to the compliance officer. If the compliance officer is the individual alleged to have engaged in the prohibited conduct, the complaint shall be forwarded to the Board president. The Board shall then appoint another person to serve as the compliance officer.
Any aggrieved individual may file with the compliance officer a complaint charging the district, another student or any school employee with unlawful discrimination or harassment. Complaints may be made orally or in writing. Persons who wish to file a written complaint shall be encouraged to use the form in AC‐E‐2.
All complaints shall include a detailed description of the alleged events, the dates the alleged events occurred and names of the parties involved, including any witnesses. The complaint shall be made as soon as possible after the incident.
The compliance officer shall confer with the aggrieved individual and/or the alleged victim of the unlawful discrimination or harassment as soon as is reasonably possible, but no later than 10 school days following the compliance officer’s receipt of the complaint in order to obtain a clear understanding of the basis of the complaint.
Within 10 school days following the initial meeting with the aggrieved individual and/or alleged victim, the compliance officer shall attempt to meet with the individual alleged to have engaged in the prohibited conduct and, if a student, his or her parents/guardians in order to obtain a response to the complaint. Such person(s) shall be informed of all allegations that, in the compliance officer's judgment, are necessary to achieve a full and accurate disclosure of material information or to otherwise resolve the complaint.
At the initial meetings, the compliance officer shall explain the avenues for informal and formal action, provide a description of the complaint process, and explain that both the victim and the individual alleged to have engaged in prohibited conduct have the right to exit the informal process and request a formal resolution of the matter at any time. The compliance officer shall also explain that whether or not the individual files a written complaint or otherwise requests action, the district is required by law to take steps to correct the unlawful discrimination or harassment and to prevent recurring unlawful discrimination, harassment or retaliation against anyone who makes a report or participates in an investigation. The compliance officer shall also explain that any request for confidentiality shall be honored so long as doing so does not preclude the district from responding effectively to prohibited conduct and preventing future prohibited conduct.
Informal action
If the aggrieved individual and/or the individual alleged to have engaged in the prohibited conduct requests that the matter be resolved in an informal manner and/or the compliance officer believes that the matter is suitable to such resolution, the compliance officer may attempt to resolve the matter informally through mediation, counseling or other non‐ disciplinary means. If both parties feel a resolution has been achieved through the informal process, then no further compliance action must be taken. No party shall be compelled to resolve a complaint of unlawful discrimination or harassment informally and either party may request an end to an informal process at any time. Informal resolution shall not be used to process complaints against a district employee and shall not be used between students where the underlying offense involves sexual assault or other act of violence.
Formal action
If informal resolution is inappropriate, unavailable or unsuccessful, the compliance officer shall promptly investigate the allegations to determine whether and/or to what extent, unlawful discrimination or harassment has occurred. The compliance officer may consider the following types of information in determining whether unlawful discrimination or harassment occurred:
In deciding whether conduct is a violation of law or policy, all relevant circumstances shall be considered by the compliance officer, including:
The compliance officer shall prepare a written report containing findings and recommendations, as appropriate, and submit the report to the Board of Education within 5 calendar days following the compliance officer's receipt of the complaint or 5 calendar days following the termination of the informal resolution process.
To the extent permitted by federal and state law, all parties, including the parents/guardians of all students involved, shall be notified in writing of the final outcome of the investigation and all steps taken by the district within 5 calendar days following the board’s determination.
Hearing procedure
For allegations under Section 504 and as otherwise required by law, the aggrieved individual may request a hearing. This hearing procedure will not address guilt or innocence or disciplinary consequences which shall instead be governed by the Board's disciplinary policies and procedures. The district shall retain a person to serve as the impartial hearing officer, who shall be knowledgeable about Section 504 and/or the ADA, if applicable.
The hearing shall be informal and shall be recorded. Formal rules of evidence shall not apply. A student shall be entitled to be represented by his/her parent or by an attorney. A district employee shall be entitled to be represented by an attorney or other representative of his/her choice. The complainant may appear at the hearing and shall be entitled to present testimony and other evidence. A district representative shall likewise be entitled to present testimony and other evidence. The hearing shall be closed to the public.
Within 5 calendar days after the hearing, the hearing officer shall issue a written decision based upon evidence presented at the administrative hearing, including any remedial or corrective action deemed appropriate. Remedial actions shall include measures designed to stop the unlawful discrimination or harassment, correct its negative impact on the affected individual, ensure that the conduct does not recur, and restore lost educational opportunities.
After the hearing officer has issued his or her decision, the recording of the hearing, all physical and documentary evidence and all other items comprising the record of the hearing shall be returned to the district.
Either party may seek review of the hearing officer’s decision in a court of competent jurisdiction, in accordance with applicable law and applicable timelines for requesting such review.
Nothing contained herein shall be interpreted to confer upon any person the right to a hearing independent of a Board policy, administrative procedure, statute, rule, regulation or agreement expressly conferring such right. This process shall apply, unless the context otherwise requires and unless the requirements of another policy, procedure, statute, rule, regulation or agreement expressly contradicts with this process, in which event the terms of the contrary policy, procedure, law, rule, regulation or agreement shall govern.
Outside agencies
In addition to, or as an alternative to, filing a complaint pursuant to this regulation, a person may file a discrimination complaint with the U.S. Department of Education, Office for Civil Rights (OCR); the Federal Office of Equal Employment Opportunity Commission (EEOC); or the Colorado Civil Rights Division (CCRD). The addresses of these agencies are listed below.
Denver Office for Civil Rights (OCR), U.S. Department of Education, 1244 Speer Blvd., Suite 310, Denver, CO 80204‐3582. Toll Free: 800‐262‐4845 English/Spanish. Telephone: 303‐844‐5695. Fax: 303‐844‐ 4303. TTY: 303‐844‐3417. Email: OCR Denver @ed.gov.
Federal Office of Equal Employment Opportunity Commission (EEOC), 303 E. 17th Avenue, Denver, CO 80203. Toll Free: 800‐669‐4000. Fax: 303‐866‐1085. TTY: 800‐669‐6820. Email: egov.eeoc.gov.eas.
Colorado Civil Rights Division (CCRD), 1560 Broadway, Suite 1050, Denver, CO 80202. Toll Free: 800‐ 262‐4845. Telephone: 303‐894‐2997. Fax: 303‐894‐7830. Email: [email protected].
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To promote the general health, welfare and well-being of students and staff, smoking, chewing or any other use of any tobacco products by staff, students and members of the public is prohibited from all school property.
Possession of any tobacco product by students is also prohibited on school property.
For purposes of this policy, the following definitions apply:
Signs will be posted in prominent places on all school property to notify the public that smoking or other use of tobacco products is prohibited in accordance with state law and district policy. This policy will be published in all employee and student handbooks, posted on bulletin boards and announced in staff meetings.
Any member of the general public considered by the superintendent or designee to be in violation of this policy will be instructed to leave school district property. Employees found to be in violation of this policy will be subject to disciplinary action.
Disciplinary measures for students who violate this policy will include in-house detention, revocation of privileges and exclusion from extracurricular activities. Repeated violations may result in suspension from school. In accordance with state law, no student will be expelled solely for tobacco use.
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The superintendent is empowered to close the schools or to dismiss them early in event of hazardous weather or other emergencies which threaten the safety, health or welfare of students or staff members. It is understood that the superintendent will take such action only after consultation with appropriate authorities. The Board shall ratify the closing at its next regular meeting.
Parents, students and staff members shall be informed early in each school year as to how they shall be notified in event of emergency closings or early dismissals.
All staff members, except for teachers and personnel who work only on teacher work days or on student days, unless otherwise notified, shall be required to report to work as soon as possible on emergency days.
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A staff member may transport a student or group of students in a personal vehicle for school-related purposes only if the staff member has special permission covering the specific trip.
Special permission for providing student transportation may be granted in exceptional cases by the superintendent or designee. Exceptional cases shall be determined by review of the number of students traveling, relative costs, safety factors, distance and other factors, as determined necessary by the superintendent or designee.
Staff with special permission to use their own vehicles for transporting students must carry their own liability insurance coverage in compliance with state law. A copy of the staff member's driver's license, motor vehicle record, and insurance card shall be placed on file with the appropriate administrative official prior to the transportation of students. A memo of understanding shall be signed by the staff member and district administrative official(s) acknowledging that the staff member's personal liability insurance may be used first for any necessary coverage.
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The district shall take part as feasible in the National School Lunch and other food programs which may become available to ensure that all students in the district receive proper nourishment.
The administration shall establish regulations regarding participation in programs for free and reduced price meals and supplementary food in accordance with applicable state and federal law.
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In accordance with Colorado law, teacher pupil instruction/contact time is defined as time when pupils are actively engaged in the educational process and by law includes parent-teacher conferences, staff in-service programs and closings necessary for student health, safety or welfare.
The Board defines “actively engaged in the educational process” as time when students are working toward achieving educational objectives under the supervision of a licensed teacher, including:
“Actively engaged in the educational process” shall not include:
Supervision by a licensed teacher shall not require that the teacher be in the student’s physical presence at all times, but that the teacher is exercising direction and control over the nature of the student’s activities.
Prior to the end of the school year, the Board shall determine the length of time during which district schools shall be in session during the next school year. The number of hours/days of planned teacher-student instruction and of teacher-student contact shall be consistent with the Board’s definition of “actively engaged in the educational process,” shall meet or exceed the requirements of state law and shall include a sufficient number of days to allow the superintendent flexibility in preparing a calendar that supports the district’s educational objectives, including how best to address the needs of all students to enable them to meet or exceed state and district content standards.
The district calendar for the next school year shall be prepared by the superintendent and presented to the Board for approval in the spring of each year.
The superintendent shall consult with other districts in the area when preparing the calendar.
The Board authorizes the administration in each school building to issue a school calendar based on the district calendar and in accordance with this policy. Administrators are encouraged to examine instruction time and calendar issues in the context of supporting the district’s educational objectives.
All calendars shall include the dates for all staff inservice programs scheduled for the coming school year. The administration shall allow public input from parents and teachers prior to scheduling the dates for staff inservice programs.
A copy of the calendar shall be available to all parents/guardians of students enrolled in district schools. Any change in the calendar except for emergency closing or other unforeseen circumstances shall be preceded by adequate and timely notice of no less than 30 days.
If a school day is lost due to an emergency, the Board at its next regular meeting shall ratify the administrative action in closing the school.
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The Board believes a comprehensive health education program is an integral part of each student's education. The health education program should emphasize the functioning and proper care of the human body and encourage the development of lifelong, positive health habits. In addition, it should inform students about potential physical and mental health hazards they are likely to encounter in various life situations and help them make sound, intelligent decisions when they are confronted with choices that could affect their health or that of others.
The Board further believes that the district’s comprehensive health education program should provide information about family life and sex education. While parents have the prime responsibility to assist their children in developing moral values, the district should support and supplement these efforts by offering students factual information and opportunities to discuss the moral and practical concerns, issues and attitudes inherent in family life and sexual behavior.
The district shall teach about family life and sex education in regular courses on anatomy, physiology, science, health, consumer and family studies. If a separate family life or sex education program is developed, it shall not be required. Any curriculum that includes instruction on human sexuality shall be in accordance with applicable law and the district’s academic standards.
In addition to the requirements listed below, the Board’s policies and regulations concerning the approval of new curriculum and instructional materials shall apply to any comprehensive health education courses offered by the district:
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Enrollment in an Institution of Higher Education
Any junior or senior who is enrolled at Pagosa Springs High School may consider Concurrent Enrollment. A freshman or sophomore student may be considered with special approval of the principal.
The student shall give written notice using the standard form provided by the post-secondary institution to Archuleta School District No. 50 Joint and Pagosa Springs High School of his/her intent to enroll not later than sixty days before the end of the academic term that immediately precedes the intended term of concurrent enrollment. Notice will be submitted to the high school principal.
The written notice must specify the course(s) in which the student plans to enroll and the name of the institution of higher education
Determination of Eligibility
Approval and eligibility is determined by the high school principal, on the basis of whether the student is determined to be in need of course work at a higher academic level than available at the high school, or is deemed to be in need of a different learning environment. The principal may request a meeting with the student and his/her parent or guardian to determine the student’s responsibility for, and commitment to successfully completing postsecondary courses and thus eligibility for the Postsecondary Program.
Once the student is approved for Concurrent Enrollment, the principal will provide the name of the student, number of credits applied for, and the name of the institution of higher education to the district finance officer and a copy to the high school counselor.
Financial Provisions
Once eligibility for the Concurrent Enrollment has been established, and course(s) approved, it shall be the responsibility of the school district to pay the amount of tuition to which the institution of higher education would be entitled on behalf of a regularly enrolled student taking such course(s), up to four (4) courses per academic term. The tuition rate can be up to but not exceed the Community College tuition rate, which is established by the state board for community colleges and occupational education pursuant to section 23-60-202 (1)(c)(I) C.R.S. The student or student’s parent/guardian shall present evidence from the institution of higher education of such passage to the principal and registrar.
Prior to paying the tuition for a student, Archuleta School District No. 50 Joint shall require the student and his/her parent or guardian to sign a promise to repay the amount of tuition paid by Archuleta School District No. 50 Joint on the student’s behalf if the student does not complete the postsecondary course for any reason or otherwise fails to pass the course. It shall be the responsibility of the student and/or his/her parent or guardian to reimburse Archuleta School District No. 50 Joint for the amount of tuition paid to the institution of higher education on behalf of said student. In the event the student and/or his/her parent or guardian does not reimburse the amount of tuition owed to the school district, the student’s diploma will be withheld until repayment is made.
Transportation
Archuleta School District No. 50 Joint shall not provide or pay for transportation for the student to or from the institution of higher education.
Definitions
For purposes of this policy, “institution of higher education” means Colorado State University at Pueblo, Adams State College, Colorado Mesa University, Metropolitan State College of Denver, Fort Lewis College, Western State College, University of Northern Colorado, Colorado School of Mines, University of Colorado at Denver, University of Colorado at Colorado Springs, University of Colorado at Boulder, Colorado State University, all independent area vocational schools, all junior college district colleges, all community colleges governed by the state board for community colleges and occupational education, and all nonpublic institutions of higher education operating in Colorado. These nonpublic institutions of higher education may not receive support from general fund moneys in support of its operating costs; it admits as regular students only persons having a high school diploma or GED; it is accredited by a nationally recognized accrediting agency or association; provides an education program for which it awards a bachelor’s degree or a graduate degree; is not either a proprietary institution or an institution operated for profit; and is not a pervasively sectarian or theological institution or any branch program or campus of an institution of higher education whose principal campus and facilities are located outside Colorado.
Exclusion-Summer School
The provisions in the policy shall not apply to students enrolled in institutions of higher education during the period from the termination of the regular school term in the spring until the regular school term convenes in the fall.
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The Board of Education recognizes that enhanced educational services are available as a result of technological advances and that such services can be customized to serve the diverse needs of today’s student population. For these reasons, a district online program of instruction shall be created to provide a sequential program of instruction for the education of students through services accessible on the world wide web.
The online program shall be established and administered by the district coordinator and both the district coordinator and site coordinator shall monitor the program. The site coordinator is any counselor or teacher who monitors the progress of a student participating in the online program.
At a minimum, the program shall include education in reading, writing, mathematics, geography, history, civics, literature, science and the Constitution of the United States. The program shall be designed to support a standards‐based curriculum and online students’ attainment of state and district content standards.
Eligibility
The program shall be open to all students of the district who meet the following criteria:
Resident students of other school districts in Colorado shall be eligible to participate in the program in accordance with policy JFBB (Inter‐District Choice/Open Enrollment).
Student Assessments
The program shall include regular assessment by the site coordinator to determine whether the student is progressing on a regular basis toward assigned work and toward attainment of state and district content standards. The site coordinator shall meet with the student in person as part of this determination. Each student shall be evaluated, tested and monitored at the same intervals as other students of the same grade level in the student’s regular school and shall take all state and district assessments. The site coordinator shall notify any student who is not performing satisfactorily in the program and shall identify other educational alternatives available to the student.
Student activities
A student participating in the online program may participate on an equal basis in any extracurricular or interscholastic activity offered by the district.
Student records
The records of each student participating in the online program shall be maintained on a permanent basis by this school district. The records shall include, but are not limited to, test, evaluation and district and state assessment results and immunization records.
Serving expelled students
If the online program is part of services provided to a student who has been expelled, mentoring services deemed necessary by the site coordinator shall be part of the program. An expelled student who is participating in the online program is not entitled to participate in any extracurricular or interscholastic activity offered by the district.
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The district shall emphasize achievement in its processes of evaluating student performance by creating an instructional program that makes achievement both recognizable and possible for students.
Assessment system
State and federal law require district students to take standardized assessments in the instructional areas of English language arts, math and science. State law also requires students to take standardized assessments in the instructional area of social studies. Accordingly, the district shall administer standardized assessments pursuant to these state and federal legal requirements.
State law also requires the district to adopt policies and/or procedures concerning the use of pencil and paper on the computerized portion of state assessments; parent requests to excuse their children from taking state assessments; and the district’s assessment calendar. This policy and its accompanying regulation represent the district’s processes to address these requirements.
The district may determine that a specific classroom or school within the district will use pencil and paper to complete the computerized portions of a state assessment. Factors that will be considered in making this determination include:
the technological capacity and resources of the particular school/classroom;
students’ previous experience with computerized and written assessments;
whether the instructional methodology of the particular school/classroom is consistent with the use of computerized assessments or written assessments; and
the logistics of administering the state assessment in different formats at a particular school or schools.
Prior to making this determination, the superintendent or designee shall consult with the school principal(s) affected by this determination as well as parents/guardians of students enrolled in the district.
For students with disabilities, the use of pencil and paper instead of a computer to complete a state assessment shall be determined by the student’s Individualized Education Program (IEP) team or Section 504 team, in accordance with applicable law.
A parent/guardian who wishes to exempt his or her child from a particular state assessment or assessments shall make this request in accordance with this policy’s accompanying regulation.
In accordance with state law, the district shall not impose a negative consequence upon a student whose parent/guardian has requested an exemption from a state assessment or assessments.
This policy’s exemption process shall apply only to state assessments and shall not apply to district or classroom assessments.
The Colorado Department of Education is required to provide diagnostic academic growth information for each student enrolled in the district and for each public school in the district based on the state assessment results for the preceding school years. This information shall be included in each student’s individual student record. Appropriate school personnel, including those who work directly with the student, shall have access to the student’s state assessment results and longitudinal academic growth information and shall share with and explain that information to the student’s parent/guardian.
District assessment system
In addition to the state assessment system, the district has developed a comprehensive assessment system that:
challenges students to think critically, apply what they have learned and gives them the opportunity to demonstrate their skills and knowledge;
includes “early warning” features that allow problems to be diagnosed promptly to let students, teachers and parents/guardians know that extra effort is necessary;
provides reliable and valid information on student and school performance to educators, parents/guardians and employers; and
provides timely and useful data for instructional improvement and improved student learning, including feedback useful in determining whether the curriculum is aligned with the district’s academic standards.
In accordance with applicable law, the district’s assessment system shall accommodate students with disabilities and English language learners.
The district’s assessment results, in combination with state assessment results, will be used as the measurement of student achievement. It is believed these results will provide reliable and valid information about student progress on the district’s academic standards.
Additional assessment information for parents/guardians
In accordance with state law and this policy’s accompanying regulation, the district shall distribute an assessment calendar and related information to parents/guardians on an annual basis to inform them about the state and district assessments that the district plans to administer during the school year.
Classroom assessment system
Classroom assessment practices shall be aligned with the district’s academic standards and assessment program. Assessment is an integral part of the teaching and learning process that should occur continuously in the classroom. The primary purpose of classroom assessment shall be to enable teachers to make instructional decisions for students on a continual basis.
Students are encouraged to engage in informal self‐assessments as they study and attempt to solve problems, monitor their own progress and improve their learning.
Grading system
The administration and professional staff shall devise a grading system for evaluating and recording student progress and to measure student performance in conjunction with the district’s academic standards. The records and reports of individual students shall be kept in a form meaningful to parents/guardians as well as teachers. The grading system shall be uniform district‐wide at comparable grade levels. Peer grading of student assignments and classroom assessments is permissible. The intent of this practice is to teach material again in a new context and to show students how to assist and respect fellow students.
The Board shall approve the grading, reporting and assessment systems as developed by the professional staff, upon recommendation of the superintendent.
The Board recognizes that classroom grading and/or assessment systems, however effective, are subjective in nature but urges all professional staff members to conduct student evaluations as objectively as possible.
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The Board believes that early identification of students who are not making adequate progress toward achieving standards and effective intervention are crucial. In accordance with the Board's policy on grading and assessment systems, teachers shall assess the teaching and learning process on a continual basis. Teachers shall identify students early in the school year who are not making adequate progress toward achieving the district’s academic standards and may choose to implement an individual learning plan for each such student.
The plan shall be developed by the student's teacher and/or other appropriate school staff with input from the student's parents/guardians. The student’s parents/guardians shall agree in writing to support the plan. Neglect by the parents/guardians with regard to participating in development of the plan or agreeing to support the plan shall not affect implementation of the plan.
The plan shall address the specific learning needs of the student. Strategies designed to address those needs may include tutoring programs, after‐school programs, summer school programs, other intensive programs and other proven strategies. Teachers are encouraged to collaborate on the development of such plans and to use a variety of strategies consistent with the student's learning style and needs.
Each semester, students with individual learning plans shall be reassessed in the content areas covered by the plan.
In order to provide the services necessary to support individual learning plans, the superintendent shall develop tutoring programs, after‐school programs, summer school programs and other intensive programs in the content areas covered by the district’s academic standards. The Board shall commit resources in the budget to support these programs.
As determined by the principal and in accordance with applicable law, students not meeting applicable district academic standards may not be promoted to the next grade level or allowed to graduate. The procedure to retain a student in kindergarten, first, second or third grade due to the student’s significant reading deficiency shall be in accordance with the regulation on early illiteracy and reading comprehension and applicable law.
When students are retained in the same grade level, the teacher shall evaluate the previous teaching and learning experiences of the student, including whether specific aspects of the individual learning plan were appropriate and effective. Based on this evaluation the teacher shall modify the plan to ensure that the student's needs will be met and that the student's educational experience from the previous year is not merely repeated.
Retention due to social, emotional or physical immaturity shall be used on a very limited basis. After consulting with the student's parents/guardians, teacher and other professional staff and in accordance with applicable law, the principal shall determine whether it is in the best interests of the student to be retained for such reasons.
Acceleration, or advancing a student more than one grade level, shall be used sparingly when special circumstances warrant.
The district administration shall develop regulations to implement this policy, which shall include an appeals process concerning a decision to promote, retain or accelerate a student.
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To help ensure that all students have the knowledge, skills and behaviors essential to be prepared to enter college and the workforce and compete in the global economy including content knowledge, learning and behavior skills, the Board of Education has established the following graduation requirements.
State and district content standards
All students must meet or exceed the Colorado Academic Standards prior to becoming eligible to graduate.
General requirements
Students will be required to accumulate 28 credits before becoming eligible for graduation.
Students must demonstrate competency in each content area using any one of the items in the competency demonstration menu for that content area.
*This chart is pending School Board and State approval.
Controversial issues are defined as those problems, subjects or questions about which there are significant differences of opinion and discussion of which generally create strong feelings among people. Although there may be disagreement over what the facts are and what they mean, subjects usually become controversial issues because of differences in interpretations of the facts or the values people use in applying the facts.
Controversial materials are defined as learning resources which are not part of the district’s approved learning resources and which are subject to disagreement as to appropriateness because they refer or relate to a controversial issue or present material in a manner which is itself controversial. Examples of such materials include, but are not limited to, those that depict explicit sexual conduct, graphic violence, profanity, drug use, or other socially undesirable behaviors, or materials that are likely to divide the community along racial, ethnic or religious lines.
Films and/or videos rated R, PG‐13 or PG shall be considered controversial in accordance with this policy. X rated and NC‐17 rated films and videos shall not be used in district schools. PG, PG‐13 and R rated films and videos shall be considered controversial at the elementary school level. PG‐13 and R rated films and videos shall be considered controversial at the middle school level. R rated films and videos shall be considered controversial at the high school level.
Teachers may use controversial learning materials and discuss controversial issues if they contribute to the attainment of course objectives directly related to Board‐adopted academic standards. The educational purpose of teaching about controversial issues or using controversial materials must be student achievement in academic standards rather than reaching conclusions about the validity of a specific point of view.
In teaching about controversial issues, teachers shall work cooperatively with the building principal. Teachers shall obtain approval from the building principal prior to the use of any controversial materials. If a teacher has a question regarding whether an issue or resource is controversial within the meaning of this policy, the teacher shall contact the principal. The principal may instruct the teacher to notify students’ parents/guardians and obtain parents/guardians’ permission prior to discussing a controversial issue or using controversial materials. Teachers shall inform the principal of controversial issues that arise unexpectedly which cause or are likely to cause concern for students and/or their parents/guardians.
When teaching about controversial issues, teachers may express their personal viewpoints and opinions; however, they also have the obligation to be objective and impartially present the various sides of an issue. Controversial issues are to be presented with good judgment and coordination with the building principal, keeping in mind the maturity of the students.
When controversial issues or controversial materials are used as part of the instructional program, alternative learning activities shall be provided when feasible at the request of a student or the student’s parents/guardians.
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If the religious or closely held personal beliefs and teachings of a student or the student’s parent/guardian are contrary to the content of a school subject or to any part of a school activity, the student may be exempt from participation. To receive such an exemption, the parent/guardian must present a written request for exemption to the school principal, stating the conflict involved. Requests for exemption regarding some or all of the district’s curriculum concerning human sexuality shall be in accordance with the Board’s policy on health and family life/sex education.
If a student is unable to participate in a physical education class, the student must present to the school principal a statement from a physician or other licensed health care professional stating the reason for the inability to participate.
Exemptions from required instruction do not excuse a student from the district’s requirements for graduation from high school.
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Every student of this school district shall have equal educational opportunities regardless of race, color, ancestry, creed, sex, sexual orientation (which includes transgender), religion, national origin marital status, disability or need for special education services.
This concept of equal educational opportunity shall guide the Board and staff in making decisions related to school district facilities, selection of educational materials, equipment, curriculum and regulations affecting students. Students with identified physical and mental impairments that constitute disabilities shall be provided with a free appropriate public education, consistent with the requirements of federal and state laws and regulations.
In order to ensure that district programs are in compliance with applicable laws and regulations, the Board directs the superintendent or designee(s) to periodically monitor the following areas:
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The district recognizes that sexual harassment can interfere with a student’s academic performance and emotional and physical well-being and that preventing and remedying sexual harassment in schools is essential to ensure a nondiscriminatory, safe environment in which students can learn. In addition, sexual harassment is recognized as a form of sex discrimination and thus is a violation of the laws that prohibit sex discrimination.
District’s Commitment
The district is committed to maintaining a learning environment that is free from sexual harassment. It shall be a violation of policy for any staff member to harass students or for students to harass other students through conduct or communications of a sexual nature or to retaliate against anyone that reports sexual harassment or participates in a harassment investigation.
The district shall investigate all indications, informal reports and formal grievances of sexual harassment by students, staff or third-parties and appropriate corrective action shall be taken. Corrective action includes taking all reasonable steps to end the harassment, to make the harassed student whole by restoring lost educational opportunities, to prevent harassment from recurring and to prevent retaliation against anyone who reports sexual harassment or participates in a harassment investigation.
What Constitutes Sexual Harassment
Unwelcome sexual advances, requests for sexual favors, or other verbal, non-verbal or physical conduct of a sexual nature may constitute sexual harassment, even if the harasser and the student being harassed are the same sex and whether or not the student resists or submits to the harasser, when:
For a one-time incident to rise to the level of harassment, it must be severe. Acts of verbal or physical aggression, intimidation or hostility based on sex, but not involving conduct of a sexual nature may also constitute sexual harassment.
Sexual harassment as defined above may include, but is not limited to:
Legitimate non-sexual touching or other non-sexual conduct is not sexual harassment.
Reporting Sexual Harassment
Sexual harassment cannot be investigated or corrected by the district until the district is made aware of such harassment. Therefore, students are encouraged to report all incidences of sexual harassment to either a teacher, counselor or principal in their school building and file a formal grievance, as set forth in regulation JBB*-R. All reports and indications from students, district employees and third-parties shall be forwarded to the grievance officer.
If the alleged harasser is the person designated as the grievance officer, an alternate grievance officer will be appointed by the superintendent to investigate the matter.
All matters involving sexual harassment reports shall remain confidential to the extent possible as long as doing so does not preclude the district from responding effectively to the harassment or preventing future harassment. Filing of a grievance or otherwise reporting sexual harassment shall not reflect upon the individual's status or affect grades.
Receiving sexual harassment reports
All sexual harassment reports shall be forwarded to the grievance officer. The grievance officer shall keep a confidential log, separate from other school records, wherein reports of sexual harassment shall be recorded. The purpose of such a log File: JBB* 3 of 4 is to aid the grievance officer in the investigation of sexual harassment reports and in discovering, investigating and resolving recurring sexual harassment problems.
Upon receiving a report, the grievance officer shall proceed as set forth herein and in regulation JBB*-R.
Investigating sexual harassment reports
The age of the student shall be taken into account when determining whether particular conduct actually occurred, whether particular conduct is sexual harassment and in determining the appropriate response by the district.
The grievance officer may consider the following types of information in determining whether sexual harassment occurred:
In deciding whether conduct is sufficiently severe, persistent or pervasive, all relevant circumstances shall be considered by the grievance officer, including:
Interim district action
When appropriate, the district shall take interim measures during the investigation of a harassment report to protect the alleged subject of the harassment from further harassment or retaliation.
In cases involving potential criminal conduct, the grievance officer shall determine whether appropriate law enforcement officials should be notified.
District action following investigation
If the conduct is determined to be sexual harassment, the district shall take all reasonable steps to end the sexual harassment, to prevent its recurrence, to prevent retaliation against the student making the report and anyone participating in the investigation and to restore lost educational opportunities to the harassed student. In addition, the harasser shall be disciplined according to any applicable discipline policy.
If inappropriate conduct does not rise to the level of sexual harassment prohibited by law, but constitutes a violation of the student code of conduct or staff conduct policies, the matter shall be handled according to any applicable discipline policy.
Notice and training
Notice of this policy shall be circulated to all district schools and departments and incorporated in all student handbooks.
All students and district employees shall receive annual training related to recognizing and preventing sexual harassment. District employees shall receive additional annual training related to handling reports of sexual harassment.
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Every child who has attained the age of six (6) years on or before August 1 of each year and is under the age of 17 is required to attend public school with such exceptions as provided by law. It is the parents’ responsibility to ensure attendance.
The courts may issue orders against the child, the child's parent, or both compelling the child to attend school or the parent to take reasonable steps to assure the child’s attendance. The order may require the parent, child, or both to follow an appropriate treatment plan that addresses problems affecting the child’s school attendance and that ensures an opportunity for the child to obtain a quality education.
The compulsory school attendance laws also apply to a six-year-old child who has been enrolled in a public school in the first grade or in a higher grade level unless the parent or guardian chooses to withdraw the child.
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The Board of Education endorses the neighborhood school concept and makes many decisions based on student population within the attendance areas of residence. The Board recognizes, however, that resident students may wish to attend a school or participate in a program located in an area other than that of their assigned school. Therefore, students shall be allowed to attend any school or participate in any program of their choice on a space available, first-come, first-served basis. Those students exercising choice under the federal No Child Left Behind Act (NCLB) (when school is on improvement status or designated as persistently dangerous or when student is a victim of a violent crime at school) have priority over other students in the exercise of open enrollment under this policy.
In implementing the open enrollment program, the district is not required to:
Notwithstanding the provisions of this policy, a student may be assigned outside the attendance area by mutual agreement of the principals in the special interest of the student and/or school.
Open enrollment and transfers
Resident students and their parents/guardians shall be notified on an annual basis of the options available through open enrollment in sufficient time to apply.
Students, including home-schooled students desiring to take classes on a part-time basis, within designated attendance areas shall have priority in registering in that school. Students may apply for open enrollment in a school outside their attendance area and such applications shall be approved if there is space available in the requested school and the application has been submitted on or before March 1 in accordance with the regulations accompanying this policy.
Parents and/or students who desire a change of school after March 1 must submit a letter together with the required form requesting a transfer. The request shall be reviewed and acted upon in accordance with the regulations accompanying this policy.
Open enrollment and transfer students attending a school outside their attendance area shall be granted admission on a year-to-year basis. In the event the population of the attendance area increases to fill the building with attendance area residents or students from outside the attendance area who have a right to attend the school under the NCLB choice option, transfer students may be asked to enroll in another school.
Students granted permission to attend a school other than the school in their assigned attendance area shall have the same curricular and extracurricular status as all other students attending the school, limited only by rules of the Colorado High School Activities Association.
Any student enrolled pursuant to this policy shall be allowed to remain enrolled in the school or program through the end of the school year unless overcrowding or other undesirable conditions develop, as described in the accompanying regulation. In addition, students from outside the attendance area who enrolled under the NCLB choice option may remain in the school until they complete the highest grade available in the school subject to capacity constraints related to health and safety issues.
Transportation
Transportation for students granted permission to attend school outside their attendance area must be furnished by their parents unless space is available in district buses without disruption of regular routes and loading areas. Homeless and disabled students shall be transported, as necessary, in accordance with state and federal law. See policy JFABD, Homeless Students. Students attending under the NCLB choice option shall be provided transportation at district expense to the extent required by law.
Nondiscrimination
The Board, the superintendent, other administrators and teachers shall not make any distinction on account of race, sex, ethnic group, religion or disability of any student who may be in attendance or who seeks admission to any school maintained by the district in the determination or recommendation of action under this policy.
Special education students
Requests from the parents of special education students for open enrollment or transfer to another school or program shall be considered in accordance with applicable state and federal laws. The student’s current Individual Education Plan (IEP) shall be used to determine if the requested school or program can meet the student’s needs.
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According to the Colorado Revised Statutes 22-33-106 (2), subject to the district's responsibilities under The Exceptional Children's Education Act (see policy JK-2, Discipline of Students with Disabilities), the following shall be grounds for expulsion from or denial of admission to a public school or diversion to an appropriate alternate program.
According to C.R.S. 22-33-106 (3) (a-f), the following shall constitute additional grounds for denial of admission to a public school:
According to C.R.S. 22-23-106(4) (a), a student who has been expelled shall be prohibited from enrolling or re-enrolling in the same school in which the victim of the offense or member of the victim’s immediate family is enrolled or employed when:
If the district has no actual knowledge of the name of the victim, the expelled student shall be prohibited from enrolling or re-enrolling only upon request of the victim or a member of the victim’s immediate family.
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The Board recognizes and promotes the importance of obtaining a high school diploma. Therefore, the Board strongly urges every teacher, guidance counselor, principal, parent and citizen to exert all the influence which he/she can command to keep all district students in school through high school graduation.
Principals, teachers and guidance counselors are encouraged to make dropout prevention a priority through personal contacts with students and specialized programs. The goal is to enable those students who are considering dropping out or have dropped out of school to return and resume their programs with a minimum degree of disruption.
To emphasize the importance of a high school diploma and to encourage students to reconsider their decision to withdraw from school, the district shall notify the student's parent or parents, or legal guardian or custodian in writing, when the district has knowledge that a student has dropped out of school. Such written notice shall be in accordance with this policy’s accompanying regulation. For purposes of this policy, "dropout" shall have the same meaning as defined by the rules of the State Board of Education.
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One criteria of a student's success in school is regular and punctual attendance. Frequent absences may lead to poor academic work, lack of social development and possible academic failure. Regular attendance is of utmost importance for school interest, social adjustment and scholastic achievement. No single factor may interfere with a student's progress more quickly than frequent tardiness or absence.
According to state law, it is the obligation of every parent/guardian to ensure that every child under their care and supervision receives adequate education and training and, if of compulsory attendance age, attends school.
Continuity in the learning process and social adaptation is seriously disrupted by excessive absences. In most situations, the work missed cannot be made up adequately. Students who have good attendance generally achieve higher grades, enjoy school more and are more employable after leaving school. For at least these reasons, the district believes that a student must satisfy two basic requirements in order to earn full class credit: (1) satisfy all academic requirements and (2) exhibit good attendance habits as stated in this policy.
To support all students and families, schools will use the following process with attendance concerns:
Excused absences
The following will be considered excused absences:
school.
As applicable, the district may require suitable proof regarding the above exceptions,
including written statements from medical sources.
If a student is in out-of-home placement (as that term is defined by C.R.S. 22-32-138(1)(h)), absences due to court appearances and participation in court-ordered activities will be excused. The student’s assigned social worker must verify the student’s absence was for a court appearance or court-ordered activity.
Unexcused absences
An unexcused absence is defined as an absence that is not covered by one of the foregoing exceptions. Each unexcused absence will be entered on the student's record. The parents/guardians of the student receiving an unexcused absence will be notified orally or in writing by the district of the unexcused absence.
In accordance with law, the district may impose appropriate penalties that relate directly to classes missed while unexcused. Penalties, when appropriate, may include a warning, school detention or in-school suspension. Academic penalties, out-of-school suspensions or expulsion will not be imposed for any unexcused
absence.
The administration will develop procedures to implement appropriate penalties. The school administration will consider the correlation between course failure, truancy and a student dropping out of school in developing these procedures and will implement research-based strategies to re-engage students with a high number of
unexcused absences.
Students and parents/guardians may petition the Board of Education for exceptions to this policy provided that no exception will be sustained if the student fails to abide by all requirements imposed by the Board as conditions for granting any such exception.
Chronic absenteeism
When a student has an excessive number of absences, these absences negatively impact the student’s academic success. For this reason, a student who has 10 total absences in a semester, whether the absences are excused or unexcused, may be identified as “chronically absent” by the principal or designee. Absences due to
suspension or expulsion will not be counted in the total number of absences considered for purposes of identifying a student as “chronically absent.”
If a student is identified as “chronically absent,” the principal or designee will develop a plan to improve the student’s attendance. The plan will include best practices and research-based strategies to address the reasons for the student’s chronic absenteeism, including but not limited to: referral to the court system, referral to community partners to support the student/family, requirement that students remain in a current grade to gain necessary mastery of skills prior to grade promotion, withdrawal of credit for courses enrolled, elimination of elective courses to increase time in core classes, or home visits by staff/administration.
When practicable, the student’s parent/guardian will participate in the development
of the plan.
Nothing herein will require the principal or designee to identify a student as “chronically absent” prior to declaring the student as a “habitual truant” and pursuing court proceedings against the student and his or her
parents/guardians to compel the student’s attendance in accordance with state law.
Make-up work
Make-up work shall be provided for any class in which a student has an excused absence unless otherwise determined by the building administrator or unless the absence is due to the student’s expulsion from school. It is the responsibility of the student to pick up any make-up assignments permitted on the day returning to class.
There will be one (1) day allowed for make-up work for each day of absence.
Make-up work will be allowed following an unexcused absence or following a student’s suspension from school with the goal of providing the student an opportunity to keep up with the class and an incentive to attend school. This work may receive full or only partial credit to the extent possible as determined by the
building administrator.
Unless otherwise permitted by the building administrator, make-up work will not be provided during a student’s expulsion. Rather, the district will offer alternative education services to the expelled student in accordance with state law. The district will determine the amount of credit the expelled student will receive for work
completed during any alternative education program.
Tardiness
Tardiness is defined as the appearance of a student without proper excuse after the scheduled time that a class begins. Because of the disruptive nature of tardiness and the detrimental effect upon the rights of the non-tardy student to uninterrupted learning, appropriate penalties may be imposed for excessive tardiness.
Parents/guardians will be notified of all penalties regarding tardiness.
In an unavoidable situation, a student detained by another teacher or administrator will not be considered tardy provided that the teacher or administrator gives the student a pass to enter the next class. Teachers will honor passes presented in accordance with this policy. The provisions of this policy are applicable to all
students in the district, including those above and below the age for compulsory attendance as required by law.
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If a student is absent without an excuse signed by the parent/guardian or if the student leaves school or a class without permission of the teacher or administrator in charge, the student shall be considered truant. An "habitual truant" shall be defined as a student of compulsory attendance age who has four (4) total days of unexcused absences from public school in any one (1) month or ten (10) total days of unexcused absences from public school during any school year. Absence due to suspension or expulsion shall not be counted in the total of unexcused absences for purposes of defining a student as an "habitual truant."
In order to reduce the incidents of truancy, parents/guardians of all students shall be notified in writing at the beginning of each school year of their obligation to ensure that all children of compulsory attendance age attend school. Parents/guardians shall be required to acknowledge in writing awareness of their obligations and to furnish the school with a telephone number or other means of contacting them during the school day.
The school shall establish a system of monitoring individual unexcused absences. When a student fails to report on a regularly scheduled school day and school personnel have received no indication that the parent/guardian is aware of the absence, school personnel or volunteers under the direction of school personnel shall make a reasonable effort to notify the parent/guardian by telephone.
A plan shall be developed for a student who is at risk of being declared habitually truant with the goal of assisting the child to remain in school. The plan shall also include strategies to address the reasons for the truancy. When practicable, the student's parent, guardian or legal custodian shall participate with district personnel during the development of the plan. Appropriate school personnel shall make reasonable efforts to meet with the parent, guardian or legal custodian to review and evaluate the reasons for the student's truancy.
In accordance with law, the district may impose appropriate penalties that relate directly to classes missed while truant. Penalties may include a warning, school detention or in-school suspension. Academic penalties, out-of-school suspensions or expulsion shall not be imposed for any truancy.
The administration shall develop regulations to implement appropriate penalties for truancy. The school administration shall consider the correlation between course failure, truancy and a student dropping out of school in developing these regulations and shall implement research-based strategies to re-engage students with a high number of truancies.
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It is the intention of the Board of Education that the district's schools help students achieve maximum development of individual knowledge, skills and competence and that they learn behavior patterns, which will enable them to be responsible, contributing members of society.
The Board shall periodically approve rules of conduct for students. These rules: (1) shall not infringe upon constitutionally protected rights, (2) shall be clearly and specifically described, and (3) shall be printed in a handbook.
In all instances, students shall be expected to conduct themselves in keeping with their level of maturity, acting with due regard for the supervisory authority vested by the Board in all district employees, the educational purpose underlying all school activities, the widely shared use of school property, and the rights and welfare of other students. All employees of the district shall be expected to share the responsibility for supervising the behavior of students and for seeing that they abide by the established rules of conduct.
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Parents and students shall be allowed considerable freedom in determining the manner in which they dress at school. Items that are deemed disruptive to the classroom environment of a safe and orderly school are not acceptable in school buildings, on school grounds, or at school activities.
Any clothing, paraphernalia, grooming, jewelry, accessories, or body adornments that are or contain any advertisement, symbols, words, slogans, patches, or pictures that promote any activity prohibited by the student code of conduct are not permitted. Clothing must cover all undergarments (with the exception of shoulder
straps) and cover all private parts of the body. Clothing that should be worn as an undergarment cannot be worn as an outer garment.
Students shall dress appropriately for the designated learning environments such as shop, lab work, physical education, art, and extracurricular activities.
Any student deemed in violation of the dress code shall be required to change into appropriate clothing or make arrangements to have appropriate clothing brought to school immediately.
Building principals shall have authority to impose reasonable rules concerning dress that are consistent with this policy.
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It is the bus driver's duty to notify the supervisor of transportation and the principal of the school involved if any student persists in violating the established rules of conduct.
Buses shall run on predetermined schedules each school day. However, in the case of severe storm conditions or emergencies, students and parents should listen to Radio KWUF in the morning to see if the buses will run.
Students participating in activities which require transportation away from the school district must accompany the team or group in buses or cars provided by the district, including the return trip, except when officially released by the proper authority.
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The following rules have been established for the safety of students transported on district school buses
School bus passengers shall:
Students who do not comply with these regulations shall lose their riding privileges.
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The principal may suspend or recommend expulsion of a student who engages in one or more of the following activities while in school buildings, on district property, when being transported in vehicles dispatched by the district or one of its schools, during a school-sponsored activity or district-sponsored activity or event off of school property when the conduct has a reasonable connection to school or any district curricular or non-curricular event.
Each principal shall distribute a copy of these rules to each student. Copies also shall be available to any patron of the district upon request. A copy shall be posted in a prominent place in each school.
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The Board recognizes there are certain behaviors that, if tolerated, would quickly destroy the type of learning environment to which the students and staff of the district are entitled. These behaviors, categorized as violent or aggressive, will not be tolerated and shall result in immediate action being taken by the district.
Students exhibiting violent or aggressive behavior or warning signs of future violent or aggressive behavior shall receive appropriate intervention to change behavior before a crisis occurs and shall be subject to disciplinary action when appropriate.
Students shall be taught to recognize the warning signs of violent and aggressive behavior and shall report questionable behavior or potentially violent situations to appropriate school officials. All reports shall be taken seriously.
Acts of violence and aggression shall be well documented and communicated by the staff to the building principal and the superintendent. The Board of Education shall be informed of all students who are receiving intervention. The immediate involvement of the parents/guardians is also essential. Law enforcement officials shall be involved if there is any violation of law.
An act of violence and aggression is any expression, direct or indirect, or verbal or behavioral, of intent to inflict harm, injury or damage to persons or property. A threat of violence and aggression carries with it implied notions of risk of violence and a probability of harm or injury.
The following behaviors are defined as violent and aggressive:
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The Board of Education supports a secure school climate, conducive to teaching and learning that is free from threat, harassment and any type of bullying behavior. The purpose of this policy is to promote consistency of approach and to help create a climate in which all types of bullying are regarded as unacceptable.
Bullying is the use of coercion or intimidation to obtain control over another person or to cause physical, mental or emotional harm to another person. Bullying can occur through written, verbal or electronically transmitted expression or by means of a physical act or gesture. Bullying is prohibited against any student for any reason, or against whom federal and state laws prohibit discrimination upon the bases described in C.R.S. 22‐32‐109(1)(II)(I), whether such characteristic(s) is actual or perceived.
Bullying is prohibited on district property, at district or school‐sanctioned activities and events, when students are being transported in any vehicle dispatched by the district or one of its schools, or off school property when such conduct has a nexus to school or any district curricular or non‐curricular activity or event.
A student who engages in any act of bullying and/or a student who takes any retaliatory action against a student who reports in good faith an incident of bullying, is subject to appropriate disciplinary action including but not limited to suspension, expulsion and/or referral to law enforcement authorities. The severity and pattern, if any, of the bullying behavior shall be taken into consideration when disciplinary decisions are made. Bullying behavior that constitutes unlawful discrimination or harassment shall be subject to investigation and discipline under related Board policies and procedures. Students targeted by bullying when such bullying behavior may constitute unlawful discrimination or harassment also have additional rights and protections under Board policies and procedures regarding unlawful discrimination and harassment.
The Superintendent shall develop a comprehensive program to address bullying at all school levels. The program shall be aimed toward accomplishing the following goals:
The district’s comprehensive program to address bullying shall incorporate provisions for adequate due processes and safeguards for students accused of bullying behaviors, in accordance with applicable law and Board policy.
The district shall administer surveys of students’ impressions of the severity of bullying in their schools. Such surveys shall be conducted in accordance with applicable law and Board policy. Students’ survey responses shall be confidential. Participation in the surveys shall not be required and students shall voluntarily “opt in” to participate in the survey.
The district school(s) included in the district’s bullying prevention and education grant shall appoint a team of persons to advise school administration concerning the severity and frequency of bullying incidents. The school team(s) may include, but need not be limited to, counselors, teachers, school administrators, parents, students, law enforcement officials, social workers, prosecutors, health professionals and mental health professionals.
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School-sponsored publications are a public forum for students as well as an educational activity through which students can gain experience in reporting, writing, editing and understanding responsible journalism. Creative student expression is an educational benefit of the school experience. It encourages freedom of comment, both oral and written, in a school setting with a degree of order in which proper learning can take place.
The Board encourages students to express their views in school-sponsored publications and to observe rules for responsible journalism. This means expression which is false or obscene, libelous, slanderous or defamatory under state law; presents a clear and present danger of the commission of unlawful acts, violation of school rules or material and substantial disruption of the orderly operation of the school; violates the privacy rights of others; or threatens violence to property or persons shall not be permitted.
Student editors of school-sponsored publications shall be responsible for determining the news, opinion and advertising content of their publications subject to the limitations of this policy and state law. The publications advisor within each school shall be responsible for supervising the production of school-sponsored publications and for teaching and encouraging free and responsible expression and professional standards of journalism.
The publications advisor has authority to establish or limit writing assignments for students working with publications and to otherwise direct and control the learning experience that publications are intended to provide when participation in a school-sponsored publication is part of a school class or activity for which grades or school credits are given.
All school-sponsored publications shall contain a disclaimer that expression made by students in the exercise of freedom of speech or freedom of the press is not an expression of Board policy. The school district and employees are provided immunity from civil or criminal penalties for any expression made or published by students.
The superintendent shall develop, for approval by the Board, a written official school publications code which shall include:
The publications code shall be distributed to all students and teachers at the beginning of each school year.
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As stated in Board policy, school‐sponsored publications are a public forum for students as well as an educational activity through which students can gain experience in reporting, writing, editing and understanding responsible journalism. Content of school publications should reflect all areas of student interest, including topics about which there may be dissent or controversy.
In addition to the responsibilities set forth in the accompanying Board policy, students who work on official student publications will:
If the Board determines that advertising is allowed in the publication, the student editor will determine the content of any advertisements.
In addition to the responsibilities set forth in the accompanying Board policy, the publication advisor will exercise general supervision over all activities to create a proper learning environment.
If the allegedly libeled individual is a “public figure or official,” the official must show that the false statement was published with actual malice, as the terms are defined in law.
Under the “fair comment rule,” a student is free to express an opinion on matters of public interest. Specifically, a student enjoys a privilege to criticize the performance of teachers, administrators, school officials and other school employees.
In order for a student publication to be considered disruptive, there must exist specific facts upon which it would be reasonable to forecast that a clear and present likelihood of an immediate, substantial material disruption to normal school activity would occur if the material were distributed. Undifferentiated fear or apprehension of disturbance is not enough; school administrators must be able to show affirmatively substantial facts that reasonably support a forecast of likely disruption. Material that stimulates heated discussion or debate does not constitute the type of disruption that is prohibited.
The principal will coordinate with the publications advisor on the time, place and manner of distributing school‐sponsored publications to reduce any conflict with school instructional time and/or reduce any disruption of the orderly operation of the school which might be caused by the distribution of school‐sponsored publications.
Student editors will work first with the publications advisor to resolve any differences. If the problem can not be resolved at this level, the student editors and/or the publications advisor may work with the principal to resolve any problems. If the problem is not resolved at the principal level, the student editors and/or the publications advisor may work with the superintendent to resolve any problem. If the problem is not resolved at the superintendency level, the student editors and/or publications advisor may work with the Board of Education. If the problem is not resolved at the Board level, the student editors and/or publications advisor may seek relief through the judicial system.
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To understand Constitutional values such as the right to free speech, students must not only study such principles but also have an opportunity to put them into practice. However, there are limitations on the right of student free speech in the school setting that have been upheld by the courts because of the unique nature of the school community.
It is the goal of this policy to strike a necessary balance between a student's right of free speech and the school's responsibility to maintain an orderly and safe school environment which respects the rights of all students on school grounds and during school-sponsored activities.
Students shall be allowed to distribute non-curricular student-produced written materials on school property subject to restrictions on time, place and manner of distribution set out in the procedures which accompany this policy and the prohibitions set out below and in state law.
No materials shall be distributed which contain advertisements for cigarettes, liquor or illegal drugs or drug paraphernalia. Students who distribute student-produced materials in violation of this policy and/or other materials that cause a material and substantial disruption or damage to a person or property, in the judgment of school officials, shall be subject to appropriate disciplinary action.
School equipment and supplies shall not be used for publication of the written material.
Students shall be advised each school year in the student handbook of procedures for distributing non-curricular materials.
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The Board of Education desires to keep district schools and students free from the threats or harmful influence of any groups or gangs which advocate drug use, violence or disruptive behavior. The principal or designee shall maintain continual, visible supervision of school premises, school vehicles and school-related activities to deter gang intimidation of students and confrontations between members of different gangs.
The superintendent or designee shall establish open lines of communication with local law enforcement authorities so as to share information and provide mutual support in this effort.
The superintendent or designee shall provide inservice training to help staff members identify gangs and gang symbols, recognize early manifestations of disruptive activities and respond appropriately to gang behavior. Staff members shall be informed about conflict management techniques and alerted to intervention measures and community resources which may help students.
Gang symbols
The Board prohibits the presence on school premises, in school vehicles and at school-related activities of any apparel, jewelry, accessory, notebook or manner of grooming which by virtue of its color, arrangement, trademark or any other attribute denotes membership in gangs which advocate drug use, violence or disruptive behavior. This policy shall be applied at the principal’s discretion after consultation with the superintendent or designee as the need for it arises at individual school sites.
Prevention education
The Board realizes that many students become involved in gangs without understanding the consequences of gang membership. Early intervention is a key component of efforts to break the cycle of gang membership. Therefore gang violence prevention education in the schools shall start with students in elementary school.
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Archuleta School District 50 Joint shall promote a healthy environment for students by providing education, support and decision-making skills in regard to alcohol, drugs and other controlled substances and their abuse. In order to accomplish this goal, a cooperative effort must be made among the schools, parents/guardians, community and its agencies.
It shall be a violation of Board policy and considered to be behavior which is detrimental to the welfare or safety of other students or school personnel for any student to possess, use, sell, distribute or procure or to be under the influence of alcohol, drugs or other controlled substances. The unlawful possession or use of alcohol or controlled substances is wrong and harmful to students.
For purposes of this policy, controlled substances include but are not limited to narcotic drugs, hallucinogenic or mind-altering drugs or substances, amphetamines, barbiturates, stimulants, depressants, marijuana, anabolic steroids, any other controlled substances as defined in law, or any prescription or nonprescription drug, medicine, vitamin or other chemical substances not taken in accordance with the Board policy and regulations on administering medicines to students.
This policy also includes substances that are represented by or to the student to be any such controlled substance or what the student believes to be any such substance.
This policy shall apply to any student who is on school property, in attendance at school, in a school vehicle or taking part in any-school sponsored or sanctioned activity or whose conduct at any time or place interferes with the operations of the district or the safety or welfare of students or employees.
Students violating this policy shall be subject to disciplinary sanctions which may include suspension and/or expulsion from school and referral for prosecution.
Disciplinary sanctions and interventions for violations of this policy shall be in accordance with this policy’s accompanying regulation.
Situations in which a student seeks counseling or information from a professional staff member for the purpose of overcoming substance abuse shall be handled on an individual basis depending upon the nature and particulars of the case. When appropriate, parents shall be involved and every effort made to direct the substance abuser to sources of help.
The Board, in recognition that drug and alcohol abuse is a community problem, shall cooperate actively with law enforcement, social services or other agencies and organizations, parents and any other recognized community resources committed to reducing the incidents of illegal use of drugs and alcohol by school-aged youths.
Whenever possible in dealing with student problems associated with drug and alcohol abuse, school personnel shall provide parents/guardians and students with information concerning education and rehabilitation programs which are available.
Information provided to students and/or parents about community substance abuse treatment programs or other resources shall be accompanied by a disclaimer to clarify that the school district assumes no financial responsibility for the expense of drug or alcohol assessment or treatment provided by other agencies or groups unless otherwise required.
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In accordance with the accompanying policy, the following procedures are established for
addressing alcohol‐ or drug‐related misconduct. These procedures will supplement and
complement authority conferred elsewhere by Board policy and will not be deemed to limit
or suspend such other authority. Students shall be disciplined as appropriate in accordance
with Board policy JKD/JKE.
Use
Possession
Students who possess alcohol, drugs, other controlled substances or drug‐containing or drug‐related paraphernalia in violation of Board policy will be handled in the following manner:
Distribution
Students who sell, give or exchange alcohol, drugs, other controlled substances or drug‐ containing or drug‐related paraphernalia in violation of Board policy will be handled in the following manner:
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The Board of Education determines that possession and/or use of a weapon by students is detrimental to the welfare and safety of the students and school personnel within the district.
Dangerous weapons
Carrying, bringing, using or possessing a dangerous weapon on district property, when being transported in vehicles dispatched by the district or one of its schools, during a school‐sponsored or district‐sponsored activity or event, and off school property when the conduct has a reasonable connection to school or any district curricular or non‐curricular event without the authorization of the school or the school district is prohibited. An exception to this policy may be made for students participating in an authorized extracurricular activity or team involving the use of firearms.
As used in this policy, “dangerous weapon” means:
The principal may initiate expulsion proceedings for students who carry, bring, use or possess a dangerous weapon in violation of this policy. In accordance with federal law, expulsion shall be mandatory for no less than one full calendar year for a student who is determined to have brought a firearm to or possessed a firearm at school in violation of this policy. The superintendent may modify the length of this federal requirement for expulsion on a case‐by‐case basis. Such modification shall be in writing.
Firearm facsimiles
Carrying, using, actively displaying or threatening with the use of a firearm facsimile that could reasonably be mistaken for an actual firearm on district property, when being transported in vehicles dispatched by the district or one of its schools, during a school‐ sponsored or district‐sponsored activity or event, and off school property when such conduct has a reasonable connection to school or any district curricular or non‐curricular event without the authorization of the school or school district is prohibited. Students who violate this policy provision may be subject to disciplinary action including but not limited to suspension and/or expulsion.
A student may seek prior authorization from the building principal to carry, bring, use or possess a firearm facsimile that could reasonably be mistaken for an actual firearm on school property for purposes of a school‐related or non‐school related activity. A student’s failure to obtain such prior authorization is a violation of this policy provision and may result in disciplinary action, including but not limited to suspension and/or expulsion. The principal’s decision to deny or permit a student to carry, bring, use or possess a firearm facsimile that could reasonably be mistaken for an actual firearm on school property shall be final.
School administrators shall consider violations of this policy provision on a case‐by‐case basis to determine whether suspension, expulsion or any other disciplinary action is appropriate based upon the individual facts and circumstances involved.
Local restrictions
The Board of Education determines that extra precautions are important and necessary to provide for student safety. Therefore, the carrying, bringing, using or possessing of any knife, regardless of the length of the blade, on district property, when being transported in vehicles dispatched by the district or one of its schools, during a school‐ sponsored or district‐sponsored activity or event, and off school property when the conduct has a reasonable connection to school or any district curricular or non‐curricular event without express authorization is prohibited. Students who violate this policy provision shall be referred for appropriate disciplinary proceedings.
Recordkeeping
The district shall maintain records which describe the circumstances involving expulsions of students who bring weapons to school including the name of the school, the number of students expelled and the types of weapons involved as required by law.
Referral to law enforcement
In accordance with applicable law, school personnel shall refer any student who brings a firearm or weapon to school without authorization of the school or the school district to law enforcement.
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The Board of Education recognizes that electronic communication devices can play a vital communication role during emergency situations. However, the ordinary use of electronic communication devices in school situations can disrupt and interfere with the educational environment. For purposes of this policy, "electronic communication devices" includes any telecommunications device.
Students may carry electronic communication inside school buildings, on school buses, at school‐sponsored activities and on field trips. In these locations, electronic communication devices may be used for specific learning tasks directed by the teacher. The unauthorized use of electronic communication devices with cameras or recording devices is prohibited in locker rooms, bathrooms, or other locations where such operation may violate the privacy rights of another person.
Violation of this policy and/or use that violates any other district policy shall result in disciplinary measures and may result in confiscation of the electronic communication device. Confiscated devices shall be returned to the student only after a conference with the parent/guardian, student and school personnel. The building principal or designee may also refer the matter to law enforcement, as appropriate.
The district shall not be responsible for loss, theft or destruction of electronic communication devices brought onto school property.
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The Board of Education seeks to maintain a climate in the schools which is conducive to learning and protective of the safety and welfare of staff and students. To achieve this goal, it may be necessary for school personnel to search the person and/or the personal property of the student and to seize any property deemed injurious or detrimental to the safety and welfare of students and staff.
Searches Conducted By School Personnel
Searches may be conducted by a school official who has reasonable grounds for suspecting that a search will turn up evidence that the student has violated either the law or Board policy. When reasonable grounds for a search exist, school personnel may search a student and/or the student’s personal property while on school premises or during a school activity under the circumstances outlined in this policy and may seize any illegal, unauthorized or contraband materials.
Any search conducted by a school official shall respect the privacy of the student and not be any more intrusive than necessary, considering the age and sex of the student and nature of the suspected infraction.
Whenever possible, the student shall be informed of the reason(s) for conducting the search and the student's permission to perform the search shall be requested. A student's failure to cooperate with school officials conducting a search shall be considered grounds for disciplinary action.
An administrative report shall be prepared by the school official conducting a search explaining the reasons for the search, the results and the names of any witnesses to the search. If the search produces evidence to be used as a basis for disciplinary action, the report shall be filed in the student's cumulative folder.
Definitions
Search of School Property
School lockers, desks and other storage areas are school property and remain at all times under the control of the school. School property provided for the use of students is subject to inspection, clean-outs, access for maintenance and search pursuant to this policy.
Students shall assume full responsibility for the security of their lockers and/or other storage areas in a manner approved by the administration. Students shall be responsible for whatever is contained in desks and lockers assigned to them by the school.
The principal or designee may search a desk, locker or any other storage area and its contents when there are reasonable grounds for a search. Whenever possible, another person shall be available to witness the search.
Search of the Student's Person
The principal or designee may search the person of a student if the school official has reasonable grounds to believe that the student is in possession of contraband.
Search of the person shall be limited to the student's pockets, any object in the student's possession such as a purse or briefcase, and/or a "pat down" of the exterior of the student's clothing.
Searches of the person shall be conducted out of the presence of other students and as privately as possible. At least one but not more than three additional persons of the same sex as the student being searched shall witness but not participate in the search.
The parent/guardian of any student searched shall be notified of the search as soon as reasonably possible.
Searches of the person which require removal of clothing other than a coat or jacket shall be referred to a law enforcement officer. No strip search shall be carried out by any school employee.
Seizure of Items
Anything found in the course of a search conducted by school officials which is evidence of a violation of law or Board policy or school rules or which by its presence presents an immediate danger of physical harm may be:
Appeals
Within 10 school days after a search, the student may appeal the search decision to the superintendent who shall investigate the reason(s) and circumstances of the search. The superintendent shall issue written findings within five school days after receiving the appeal. The superintendent's decision shall constitute the final district determination.
Law Enforcement Officers' Involvement
Search and Seizure
The principal or designee may request a search on school premises be conducted by a law enforcement officer. When law enforcement authorities are involved in the search, the search will be conducted under criminal law standards rather than under the provisions of this policy.
When law enforcement officers respond to such a request, no school employee shall assist or otherwise participate in the search unless under the direct order of the law enforcement officer.
If law enforcement personnel seek permission from school authorities to search a student, the student’s personal property or school property to obtain evidence related to criminal activities, school officials shall require the police to produce a valid search warrant before the search is conducted unless:
Interrogation
When law enforcement officials request permission to question students when students are in school or participating in school activities, the principal or designee shall be present. If the student is under 18, the student’s parent/guardian also shall be present unless the juvenile is emancipated as that term is defined in state law.
Every effort shall be made not to draw any attention to the student being questioned by conducting the interrogation in private and with as little disruption to the schedule as possible.
Custody and/or Arrest
When custody and/or arrest by the police is involved, the principal shall request that all procedural safeguards as prescribed by law be observed by law enforcement officers. This includes all due process procedures including but not limited to obtaining proper arrest warrants where required.
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The privilege of bringing a student-operated motor vehicle onto school premises is conditioned on consent by the student driver to allow search of the vehicle when there is reasonable suspicion that the search will yield evidence of contraband.
Refusal by a student, parent/guardian, or owner of the vehicle to allow access to a motor vehicle on school premises at the time of a request to search the vehicle shall be cause for termination without further hearing of the privilege of bringing the vehicle on to school premises. Refusal to submit to search also may result in disciplinary action and notification of law enforcement officials.
Routine patrolling of student parking lots and inspection of the outside of student automobiles shall be permitted at all times.
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Decisions made by school personnel which students believe are unfair or in violation of pertinent Board policies or individual school rules may be appealed to the principal or a designated representative or by following the specific appeal process created for particular complaints.
Grievance procedures shall be available for students to receive prompt and equitable resolution of allegations of discriminatory actions on the basis of race, color, national origin, ancestry, creed, sex, sexual orientation (which includes transgender), marital status, religion, disability or need for special education services.
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All school clubs and organizations are to be considered for their contribution to the improvement of the moral, social and educational experiences of youth. All such clubs shall be under the direction and supervision of the regular school personnel and in conformity with the policies of the Board.
Each building principal shall develop general guidelines for the establishment and operation of student organizations within the particular school.
All student organizations are required to open membership to all interested and/or eligible students. Fraternities, sororities and/or secret societies shall not receive recognition in any manner under this policy.
All forms of hazing in initiations shall be prohibited in a student organization. No initiation shall be held for a student organization which will bring criticism to the school system or be degrading to the student.
The faculty adviser must attend every meeting of the student organization whether conducted on school premises or at another location.
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Definitions
For purposes of this policy, the following definitions apply:
Participation in activities
All students meeting eligibility requirements are entitled to participate in extracurricular activities at their school of attendance. Subject to the same eligibility requirements, the district shall allow students enrolled in any school (including charter schools, nonpublic schools and home schools) to participate on an equal basis in any activity offered by the district that is not offered at a student’s school of attendance.
If an activity is not available at a student’s school of attendance, the student may choose to participate at another public or non-public school in the district. When choosing, the student must choose the school that offers the greatest number of activities in which the student wishes to participate. If the original school of participation chosen by the student does not offer an activity in which the student wishes to participate, the student may participate in activities at more than one school of participation during the same school year.
If an activity is not offered by the school of participation, the student may seek to participate in a contiguous school district. However the contiguous district will choose the specific school of participation. When choosing, that district must choose the school that offers the greatest number of activities in which a student wishes to participate. With regard to athletic teams, the school of participation may reserve slots for up to twice the number of starting positions on the team at each level of competition for students enrolled in the district.
With regard to individual athletic activities, the school of participation may reserve slots for up to half the total number of team members at each level of competition for students enrolled in the district.
Students who are residents of the school district but who are being educated in a home school may participate provided they comply with all laws governing nonpublic home-based education.
Eligibility requirements
To participate in activities at a school of attendance, a student shall meet all of the requirements imposed by the school of attendance.
To participate in activities at a school of participation students must comply with:
If a student has not met all of the eligibility requirements or if the student would have become ineligible to participate at a school, the student cannot gain or regain eligibility by applying to participate in activities at another school. Any penalties assessed to the student must first be paid at the school of attendance or participation before regaining eligibility to participate at another school.
Transfer students
If a student transfers enrollment to another school without an accompanying change of domicile by the student’s parent/guardian, the student’s eligibility to participate is determined by the district’s eligibility requirements and Colorado High School Activities Association (CHSAA) rules.
Participation fee
Non Enrolled students participating in district activities shall pay the same fee charged enrolled students for participation in the activity. [NOTE: District may charge non enrolled students up to 150% of the fee charged enrolled students.]
CHSAA requirements
Eligibility requirements as published by the Colorado High School Activities Association (CHSAA) shall be observed by all students at the high school level.
Additional eligibility requirements may be imposed by the school district for both high school and middle school students.
Such eligibility requirements shall include good citizenship, acceptable academic standing, parental permission and good health (sports only). All eligibility requirements shall be published in applicable student/parent handbooks.
Student participation in an activity through any amateur association or league that is not a member of Colorado High School Activities Association (CHSAA) shall not prevent the student from participating or affect eligibility to participate in the same activity at any school as long as the student has the express written permission of the principal at the school of participation, the student’s class attendance is not compromised and the student is in good academic standing.
Appeal
Any student who is sanctioned or is found by the school, school district or CHSAA to be ineligible to participate in any extra curricular activity may appeal the sanction or finding. Students may not appeal sanctions for unsportsmanlike conduct or ejection from the activity.
As an alternative, a student may bypass the appeal process by filing a request for binding arbitration with the school district or entity issuing the sanction or finding. The cost associated with the arbitration procedure shall be shared according to state law. The parties shall select an arbitrator and proceed as provided in state law. Students may not appeal a coach’s team rules that are uniformly applied to all team members.
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The following rules shall govern participation in all school-approved extracurricular activities:
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The Board believes that effective student discipline is a prerequisite for sound educational practice and productive learning. The objectives of disciplining any student must be to help the student develop a positive attitude toward self-discipline and socially acceptable behavior.
All policies and procedures for handling general and major student discipline problems shall be designed to achieve these broad objectives. Disorderly students shall be dealt with in a manner which allows other students to learn in an atmosphere which is safe, conducive to the learning process, and free from unnecessary disruptions.
The Board in accordance with applicable law has adopted a written student conduct and discipline code based upon the principle that every student is expected to follow accepted rules of conduct and to show respect for and to obey persons in authority. The code also emphasizes that certain behavior, especially behavior that disrupts the classroom, is unacceptable and may result in disciplinary action. The code shall be enforced uniformly, fairly and consistently for all students.
All Board-adopted policies and Board-approved regulations containing the letters “JK” in the file name constitute the discipline section of the legally required code.
The Board shall consult with administrators, teachers, parents, students and other members of the community in the development and review of the conduct and discipline code.
Immunity for Enforcement of Discipline Code
An act of a teacher or other employee shall not be considered child abuse if the act was performed in good faith and in compliance with Board policy and procedures.
A teacher or any other person acting in good faith and in compliance with the discipline code adopted by the Board shall be immune from criminal prosecution or civil liability unless the person is acting willfully or wantonly.
Remedial Discipline Plans
The principal may develop a remedial discipline plan for any student who causes a material and substantial disruption in the classroom, on school grounds, in school vehicles or at school activities or sanctioned events. The goal of the remedial plan shall be to address the student’s disruptive behavior and educational needs while keeping the child in school.
Discipline of Habitually Disruptive Students
Students who have caused a material and substantial disruption in the classroom, on school grounds, in school vehicles or at school activities or sanctioned events three or more times during the school year may be declared habitually disruptive students. Any student enrolled in the district’s schools may be subject to being declared a habitually disruptive student. Declaration as a habitually disruptive student shall result in the student’s suspension and/or expulsion in accordance with Board policy concerning student suspensions, expulsions and any other disciplinary interventions.
Distribution of Conduct and Discipline Code
The conduct and discipline code shall be distributed to each student upon enrollment in elementary, middle, junior high and high school. The district shall take reasonable measures to ensure each student is familiar with the code. Copies shall be posted in each school of the district. In addition, any significant change in the code shall be provided to students and posted in each school.
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Remedial discipline plans
Habitually disruptive students
A student will be declared “habitually disruptive” if three or more times during the course of the school year the student causes a material and substantial disruption in the classroom, on school grounds or at school activity or sanctioned event.
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Students with disabilities are neither immune from a school district's disciplinary process nor entitled to participate in programs when their behavior impairs the education of other students. Students with disabilities who engage in disruptive activities and/or actions dangerous to themselves or others will be disciplined in accordance with their Individualized Education Programs (IEPs), any behavioral intervention plan and this policy.
Nothing in this policy shall prohibit an IEP team from establishing consequences for disruptive or unacceptable behavior as a part of the student's IEP and/or behavioral intervention plan.
Suspensions, expulsions and provision of services
Students with disabilities may be suspended for up to 10 school days in any given school year for violations of the student code of conduct. These 10 days need not be consecutive. During any such suspension, the student shall not receive educational services.
A disciplinary change of placement occurs when a student is removed for more than 10 consecutive school days or subjected to a series of removals that constitute a pattern of removal under governing law.
Upon the eleventh school day of suspension or removal when such suspension or removal does not result in a disciplinary change of placement, educational services shall be provided to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student's IEP. School personnel, in consultation with at least one of the student's teachers, shall determine the educational services to be provided to the student during this period of suspension or removal.
When a student is expelled or subject to a removal that results in a disciplinary change of placement, educational services shall be provided as determined by the student's IEP team to enable the student to participate in the general education curriculum, although in another setting, and to progress toward meeting his or her IEP goals.
Prior to expulsion or other disciplinary change in placement, the student's parents shall be notified of the decision to take such disciplinary action and of their procedural safeguards. This notification shall occur not later than the date on which such decision is made.
Manifestation determination
Within 10 school days from the date of the decision to take disciplinary action that will result in a disciplinary change of placement, relevant members of the student's IEP team, including the student's parents, shall review all relevant information in the student's file, including the student's IEP, any teacher observations, and any relevant information provided by the parents, to determine whether the student's behavior was a manifestation of the student's disability.
The team shall determine: (1) whether the student's conduct in question was caused by, or had a direct and substantial relationship to, the student's disability; and (2) whether the student's conduct in question was the direct result of the school's failure to implement the student's IEP. If the answer to either of these two questions is "yes," the student's behavior shall be deemed to be a manifestation of the student's disability.
Disciplinary action for behavior that is not a manifestation
If the team determines that the student's behavior was not a manifestation of the student's disability, disciplinary procedures shall be applied to the student in the same manner as applied to nondisabled students. As stated above, the student shall receive educational services during the period of expulsion or other disciplinary change of placement.
Within a reasonable amount of time after determining that the student's behavior is not a manifestation of the student's disability, the student may receive, as appropriate, a functional behavioral assessment ("FBA"). In addition, a behavioral intervention plan ("BIP") may be developed for the student, as appropriate. If a BIP has already been developed, the BIP may be reviewed and modified, as appropriate.
Placement in an alternative setting for 45 school days
School personnel may remove a student with disabilities to an interim alternative setting for not more than 45 school days without regard to the manifestation determination if:
Such removal to an alternative setting is permissible even if the student's behavior is determined to be a manifestation of the student's disability. The student's IEP team shall determine the educational services to be provided to the student in the alternative setting.
Students not identified as disabled
Students who have not been identified as disabled shall be subjected to the same disciplinary measures applied to students with disabilities if the district had "knowledge" of the student's disability before the behavior that precipitated the disciplinary action occurred.
The district is deemed to have knowledge of the student's disability if:
If a request for evaluation is made during the period the student is subject to disciplinary measures, the evaluation will be expedited. Until the evaluation is completed, the student shall remain in the district's determined educational placement, which can include suspension or expulsion.
The district shall not be deemed to have knowledge that the student is a child with a disability if the parent has not allowed an evaluation of the student, or the student has been evaluated and it was determined that he or she is not a child with a disability, or the student was determined eligible for special education and related services, but the parent refused services.
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To maintain a safe learning environment, district employees may, within the scope of their employment and consistent with state law, use physical intervention and restraint with students in accordance with policy and accompanying regulation. Such actions shall not be considered child abuse or corporal punishment if performed in good faith and in compliance with this policy and accompanying regulation.
Physical intervention
Corporal punishment shall not be administered to any student by any district employee.
Within the scope of their employment, district employees may use reasonable and appropriate physical intervention with a student that does not constitute restraint as defined by this policy, to accomplish the following:
Restraint
For purposes of this policy and accompanying regulation, restraint is defined as any method or device used to involuntarily limit a student’s freedom of movement, including but not limited to bodily physical force and seclusion. Restraint shall not include the holding of a student for less than five minutes by a district employee for the protection of the student or others and other actions excluded from the definition of restraint in state law.
District Employees shall not use restraint as a punitive form of discipline or as a threat to control or gain compliance of a student’s behavior. District employees are also prohibited from restraining a student by use of a prone restraint, mechanical restraint or chemical restraint, as those terms are defined by applicable state law and this policy’s accompanying regulation.
Restraint shall only be administered by district employees trained in accordance with applicable State Board of Education rules.
Exceptions
The prohibition on the use of mechanical or prone restraints in this policy and accompanying regulation shall not apply to:
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In accordance with state law and the State Board of Education rules governing the Administration of the Protection of Persons from Restraint Act, the following definitions apply for purposes of this regulation and accompanying policy.
Restraints shall only be used:
use restraints only for the period of time necessary and using no more force than necessary; and
When restraints are used, the district shall ensure that:
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According to applicable rules of the Colorado State Board of Education, the following represents the process that must be followed when a student or the student's parent/guardian wishes to file a complaint about the use of restraint or seclusion by a district employee.
2.07(1) A student or a parent or legal guardian may file a complaint about the use of restraint or seclusion used by an employee or volunteer of a school or charter school of [a] school district or Board of Cooperative Services or any institute charter school by using the procedures established under this section 2.07.
2.07(2) Required Content of the Complaint: The Complaint must contain the following information:
2.07(2)(a) A statement that the employee or volunteer has violated a requirement regarding the use of restraints and an identification of the portion of the statute, rule, or regulation alleged to have been violated, if known by the complainant;
2.07(2)(b) The background information and facts on which the Complaint is based that identify persons, actions and/or omissions;
2.07(2)(c) The name and the residential address of the child against whom the alleged violation occurred;
2.07(2)(d) The name of the school that the child was attending when the alleged violation occurred;
2.07(2)(e) A proposed resolution of the problem to the extent known and available to the complainant at the time the Complaint is filed;
2.07(2)(f) The Complaint must allege that the violation(s) set forth in the Complaint occurred not more than one (1) year prior to the date that the Complaint is filed with the Colorado Department of Education (CDE);
2.07(2)(g) The signature and contact information (minimally, address and telephone number) for the complainant; and
2.07(2)(h) Written verification in a cover letter accompanying the Complaint that a complete copy of the Complaint and any attachments have also been mailed, hand‐ delivered, or delivered by other secure method to the public education agency (i.e. a school district, BOCES, or the Charter School Institute) serving the child.
2.07(3) The Complaint, including any attachments, must be mailed, hand‐delivered, or delivered by other secure method to the IDEA State Complaints:
IDEA Part B State Complaints Officer
Colorado Department of Education
Exceptional Student Leadership Unit, Dispute Resolution Office
1560 Broadway, Suite 1175
Denver, Colorado 80202
Additionally, as noted in paragraph 2.07(2)(h) above, a complete copy of the Complaint, including any attachments, must also be mailed, hand‐delivered, or delivered by other secure method to the public education agency (i.e. a school district, BOCES or the Charter School Institute) serving the child.
2.07(4) Complaints involving children with disabilities
2.07(4)(a) If the State Complaints Officer determines that the Complaint alleges a violation of the IDEA or its implementing regulations in 34 CFR Part 300, then the Complaint shall be processed through CDE's IDEA dispute resolution process. In these cases, the State Complaints Officer shall also have the authority to investigate and process a Complaint alleging improper use of seclusion and restraints in accordance with the timelines and procedures outlined in these rules.
2.07(4)(b) If the State Complaints Officer determines that the Complaint does not meet the criteria under section 2.07(4)(a), he or she shall refer the Complaint to the Restraint Complaints Officer (RCO) within five (5) calendar days of receiving the Complaint and shall notify the complainant in writing of this referral.
2.07(4)(c) Nothing in this subsection shall require the complainant to submit an additional Complaint directly to the RCO.
2.07(5) The Complaint shall be considered properly filed with the Department when it is received in CDE's Dispute Resolution Office and satisfies paragraph 2.07(2) above. A Complaint, once filed, will not be accepted for investigation if the CDE does not have jurisdiction (i.e., authority) to investigate; or if the Complaint does not set forth sufficient grounds on which to grant relief.
2.07(6) Within ten calendar (10) days of receipt of the Complaint, the RCO shall decide to accept or reject the Complaint for investigation and notify the complainant in writing. If the Complaint was sent via mail, the RCO's decision shall be postmarked by the 10th day. If the Complaint is accepted, the RCO shall:
2.07(6)(a) Notify the complainant of receipt and acceptance of the Complaint;
2.07(6)(b) Notify, by certified or overnight mail, the public education agency of each and every allegation contained in the Complaint together with a complete copy of the Complaint; and
2.07(6)(c) Initiate an investigation concerning the allegations contained in the Complaint.
2.07(7) Complaint Timelines:
2.07(7)(a) Response: Within fifteen (15) calendar days of receiving the RCO's notification of the Complaint, the public education agency may file a Response to the Complaint allegations and provide information which it deems necessary or useful for the RCO to consider in conducting a thorough investigation. If the public education agency fails to timely respond to an allegation, the RCO may, in his/her sole discretion, deem the allegation admitted.
The Response is due by 5:00 p.m. on the date due. The public education agency shall provide any written Response to the RCO and also a complete copy of the Response, including any attachments, to the complainant unless doing so would violate relevant laws regarding confidentiality. The public education agency shall provide the RCO with a legible copy of the written tracking receipt which verifies that a complete copy of the Response, including any attachments, was sent by certified or overnight mail to the complainant.
2.07(7)(b) Reply: Within ten (10) calendar days of delivery of the response, the complainant may file a written Reply to the Response, including any attachments, in support of his/her position. The complainant shall provide any written Reply to the RCO at the address identified in paragraph 2.07(3), above, and also provide the RCO by 5:00 p.m. on the date due with written verification that a complete copy of the Reply, including any attachments, was also mailed or hand‐delivered to the public education agency.
The Response and Reply must be delivered by 5:00 p.m. on the date due to the office of the RCO and not merely postmarked by the due date. If the Response or Reply is untimely, the RCO may, within his or her sole discretion, refuse to consider the late document.
2.07(7)(c) Timeline Extensions: If the RCO finds that exceptional circumstances exist with respect to a particular Complaint, the RCO may, in his or her sole discretion, extend for a reasonable period of time, any of the timelines set forth in these Complaint procedures. Any request and extension of a timeline must occur prior to expiration of the timeline and shall be documented in a written order issued by the RCO prior to the expiration of the timeline and mailed to the parties. The RCO does not have authority to extend the regulatory statute of limitations of one (1) year described in Section 2.07(2)(f) above.
2.07(7)(d) If one or more due dates in the process fall on a weekend or a state holiday, the due date shall be the next calendar day following a weekend or state holiday if the due date is on a weekend or state holiday.
2.07(8) Complaint Investigations:
2.07(8)(a) The Complaint investigation may include, but is not limited to: an onsite investigation; request(s) that the complainant or public education agency provide additional information; and request(s) to review records in the possession of either party.
2.07(8)(b) Any time after a Complaint is filed and before the Complaint is resolved, the RCO may recommend a public education agency to undertake immediate action in an extraordinary situation when it is imperative to do so in order to protect the rights, health or safety of any student.
2.07(8)(c) The CDE, through the RCO, shall have sixty (60) calendar days from the date of receipt of the properly filed Complaint, to resolve the Complaint. The parties may mutually agree to extend the sixty (60) calendar day time limit in order to engage in voluntary mediation. Any extension of the Decision due date will be set by the RCO to a date certain as per section 2.07(7)(c), above.
2.07(9) Complaint Resolution:
2.07(9)(a) The RCO shall issue a written decision which details the findings of fact and conclusions of law unless the issues have been previously resolved. Based upon a finding that a public education agency has failed substantially to comply with state laws and regulations for the use of restraint, the RCO will, as part of the resolution of the Complaint, make recommendations to the public education agency of remedial actions that may be taken in order to come into compliance with applicable law and regulations, (e.g., technical assistance and training activities).
2.07(9)(b) The RCO shall have no authority to require corrective action by the public education agency, including but not limited to compensatory education for the child who is the subject of the complaint, monetary reimbursement or attorney fees.
2.07(9)(c) The decision of the RCO shall be final.
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It is the policy of the Board to maintain classrooms in which student behavior does not interfere with the ability of the teacher to teach effectively or the ability of other students to participate in classroom learning activities.
Students shall be expected to abide by the code of conduct adopted by the Board and any other appropriate classroom rules of behavior established by the building principal and/or classroom teacher for the purpose of maintaining order and a favorable academic atmosphere. Any student who violates the code of conduct or other classroom rules may be subject to removal from class and/or disciplinary action.
Student removal from class is a serious measure and should not be imposed in an arbitrary, casual or inconsistent manner. Behavioral expectations are always more constructive and more likely to be followed when they are communicated as clearly as possible to students. However, it is neither possible nor necessary to specify every type of improper or inappropriate behavior, or every circumstance that would justify removal from class under this policy. Teachers are expected to exercise their best professional judgment in deciding whether it is appropriate to remove a student from class in any particular circumstance. All instances of formal removal from class shall be documented.
A teacher is authorized to immediately remove a student from the teacher’s classroom if the student’s behavior:
A student with a disability may be removed from class and placed in an alternative educational setting only to the extent authorized by state and federal laws and regulations.
Removal from class under this policy does not prohibit the district from pursuing or implementing additional disciplinary measures, including but not limited to detentions, suspensions, or expulsions for the conduct or behavior for which the student was removed.
The superintendent is directed to establish procedures to implement this policy so that removals from a classroom occur in a consistent manner throughout the district. Parents/guardians shall be notified of the student’s removal from class in accordance with established procedures.
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Staff, including administrators and teachers, must use their training, experience and authority to create schools and classes where effective learning is possible. Students should be able to attend school and classes as free as reasonably possible from unnecessary and unwarranted distraction and disruption. Such behavior interferes with the classroom environment and will not be tolerated.
A student who engages in classroom conduct or behavior prohibited by the code of conduct may be removed from class by a teacher and placed temporarily in an alternative setting in accordance with these procedures.
For purposes of this policy and procedure, a “class” includes regular classes, special classes, resource room sessions, labs, study halls, library time, school assemblies and other such learning opportunities taught or supervised by a teacher. “Teacher” means a person holding a teaching license issued by the state who is employed to instruct, direct or supervise the instructional program. The definition of “Teacher” does not include substitute teachers.
Informal removal to the principal’s office
An informal removal from class occurs when a student breaks one or several classroom rules in a class period or during the school day. The teacher may remove a student by using approved discipline management techniques such as using a safe “time out” environment either in or out of the classroom, or sending the student to the principal’s office for a short period of time. Generally, the student will be allowed to return to his or her classroom later the same day. The procedures set forth below do not apply to an informal removal from class.
Formal removal from class
A teacher may formally remove a student from class for the following conduct or behavior:
Procedures to be followed for formally removing a student from class
Unless the behavior is extreme as determined by the teacher, a teacher shall warn a student that continued misbehavior may lead to removal from class. When the teacher determines that removal is appropriate, the teacher should take one of the following courses of action:
No later than the end of the day of the suspension or expulsion from the classroom, the teacher shall submit to the building principal or designee a short and concise written explanation of the basis for the student’s removal from class.
Notice to parent/guardian
No later than the day following a classroom suspension or expulsion, the building principal or designee shall notify the student’s parent/guardian, in writing, that the student was removed from class. The written notice shall specify the class from which the student was removed, the duration of the removal, and the basis for the removal as stated by the teacher. The notice shall require an opportunity for the parent/guardian to attend a student‐teacher conference regarding the removal. If the student’s removal from class is also subject to disciplinary action (i.e., suspension or expulsion) for the particular classroom misconduct, the student’s parent/guardian shall also be notified of the disciplinary action in accordance with legal and policy requirements.
Placement procedures
Each building principal shall designate a room or other suitable place in the school to serve as the short‐term removal area.
When the student arrives at the main office, the building principal or designee shall give the student an opportunity to briefly explain the situation. If the building principal or designee is not available immediately upon the student’s arrival, the student will be taken to the designated short‐term removal area and the principal or designee will speak to the student as soon as practical.
At the discretion of the building principal or designee, the student may be placed in another appropriate class, program or educational setting, provided students are supervised in such alternative settings.
Students placed in the short‐term removal area shall be supervised. During their time of placement, students are expected to do work of an academic nature. If possible, such work shall be related to the work in the class from which the student was removed or may be related to the student’ s misconduct. In no event shall a student’s time in the short‐term removal area be recreation or other free time.
In most cases, a student shall remain in the short‐term removal area for the duration of the class from which he or she was removed. Prior to allowing the student to resume his or her normal schedule, the building principal or designee shall speak to the student to determine whether the student is, or appears to be, ready and able to return to class without recurrence of the behavior for which the student was removed. In the event it is not deemed appropriate to return the student to regular classes, the building principal or designee may consider a different placement option.
Behavior plan
The principal or designee and teacher shall consider whether a behavior plan should be developed for the student upon the student’s first removal from class. The behavior plan will be similar, if not the same, as a remedial discipline plan developed for disruptive students in accordance with district policy. A behavior plan shall be developed after the teacher formally removes a student from class for the second time.
Removal for remainder of term
Upon the third formal removal from class, a student shall be officially removed from the teacher’s class for the remainder of the term. The principal shall be responsible for determining the appropriate educational placement of the student, which may or may not be another section of the same class, depending on a variety of circumstances. The principal’s decision regarding placement is final.
Once a student is officially removed from class, a loss of credit may occur if the principal determines that it would be too disruptive to enroll the student in another class after the start of the term.
Review by principal
The principal is required to collect data pertaining to the number of students who are removed from class during the year. This information will be reported to the public on the safety section of the school report card. The principal shall review this data with teachers at least annually.
A student may be removed from a classroom by a teacher only in accordance with the requirements of this policy and the applicable provisions of state and federal law. All teacher actions under this policy shall be subject to evaluation and supervision by the teacher’s supervisor as provided in school district policies and procedures, including the evaluation policy.
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The Board of Education shall provide due process of law to students, parents/ guardians and school personnel through written procedures consistent with law for the suspension or expulsion of students and the denial of admission.
The Board and its designee(s) may consider the following factors in determining whether to suspend or expel a student:
As an alternative to suspension, the principal or designee may permit the student to remain in school with the consent of the student’s teachers if the parent/guardian attends class with the student for a period of time specified by the principal or designee. If the parent/guardian does not agree or fails to attend class with the student, the student shall be suspended in accordance with the accompanying regulations.
This alternative to suspension shall not be used if expulsion proceedings have been or are about to be initiated or if the principal or designee determines that the student’s presence in school, even if accompanied by a parent/guardian, would be disruptive to the operations of the school or be detrimental to the learning environment.
Delegation of authority
The superintendent shall report on each case acted upon at the next meeting of the Board, briefly describing the circumstances and the reasons for action taken. Such denial of admission or expulsion by the superintendent shall be subject to appeal to the Board. The appeal shall consist of a review of the facts that were presented, arguments relating to the decision and questions of clarification from the Board.
Expulsion for unlawful sexual behavior or crime of violence
When a petition is filed in juvenile court or district court that alleges a student between the ages of 12 to 18 years has committed an offense that would constitute unlawful sexual behavior or a crime of violence if committed by an adult, basic identification information, as defined in state law, along with the details of the alleged delinquent act or offense, is required by law to be provided immediately to the school district in which the juvenile is enrolled.
The information shall be used by the Board of Education to determine whether the student has exhibited behavior that is detrimental to the safety, welfare, and morals of the other students or school personnel and whether educating the student in the school may disrupt the learning environment in the school, provide a negative example for other students, or create a dangerous and unsafe environment for students, teachers, and other school personnel. The Board shall take appropriate disciplinary action, which may include suspension or expulsion, in accordance with the student code of conduct and related policies.
The Board or designee may determine to wait until the conclusion of court proceedings to consider expulsion, in which case it shall be the responsibility of the district to provide an alternative educational program for the student as specified in state law.
Annual reports
The Board or designee annually shall report to the State Board of Education the number of students expelled from district schools for disciplinary reasons or for failure to submit certificates of immunization. Expelled students shall not be included in calculating the dropout rate for the school or the district.
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According to Colorado Revised Statues 22-33-106 (1) (a-e) and 3 (e), the following shall be grounds for suspension or expulsion from a public school.
As used in paragraph c, “dangerous weapon” means:
According to C.R.S. 22‐33‐106 (2), subject to the district’s responsibilities under the Exceptional Children’s Education Act and applicable federal law (see policy JK*‐2, Discipline of Students with Disabilities), the following shall be grounds for expulsion from or denial of admission to a public school or diversion to an appropriate alternate program:
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The purpose of the school health program shall be to supplement the efforts and guidance of parents/guardians to raise student awareness of the benefits of regular health care.
The objectives of the school health program are:
Health records
Health records shall be maintained by the nursing staff and kept in a separate and secure health file in the school health office.
Access to the health files shall be limited to only those school personnel who have a specific and legitimate educational interest in the information for use in furthering a student’s academic achievement or maintaining a safe and orderly teaching environment.
The nursing staff shall maintain a log showing who has been given access, when access occurred and to which specific records.
Annual screening programs
The sight and hearing of all students in kindergarten, first, second, third, fifth, seventh and ninth grades or students in comparable age groups referred for testing shall be tested during the school year by the school nurse, teacher, principal or other qualified person authorized by the school district, as required by law.
The parent/guardian shall be informed when a deficiency is found.
This provision shall not apply to any student whose parent/guardian objects on religious or personal grounds.
Dental health
The school district shall participate in programs to encourage good dental health including instruction, dental examination clinics when available and referral to agencies which can provide aid for those in need.
Communicable diseases
Students showing symptoms of a communicable disease, an infectious condition, or illness or disability of a serious nature shall be referred to the school nurse. The school nurse shall report to the principal for appropriate action the names of students with communicable diseases.
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The Board directs the superintendent or designee(s) to annually provide parent/guardians of each student enrolled in the district a copy of the standardized immunization document developed by the Colorado Depart of Public Health and Environment. The standardized immunization document includes a list of required and recommended immunizations and the age at which each immunization should be given.
No student is permitted to attend or continue to attend any school in this district without meeting the legal requirements of immunization against disease unless the student has a valid exemption for health, religious, personal or other reasons as provided by law.
Students who do not submit an up to date certificate of immunization or a written authorization signed by one parent/guardian requesting local health officials to administer the immunizations or a valid exemption will be suspended and/or expelled from school according to regulation JLCB‐R.
All information distributed to parents/guardians by the district will inform them of their rights to seek an exemption for immunization requirements.
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In the event of an outbreak of disease against which immunization is required, no exemption will be recognized and those students will be excluded from school.
The parent/guardian or emancipated student will be notified of the following:
Any student expelled for failure to comply with the immunization requirements will not be included in calculating the dropout rate, but will be included in the annual report to the State Board of Education.
Students in out‐of‐home placements
The following procedure shall apply to students in out‐of‐home placements, as that term is defined by C.R.S. 22‐32‐138 (1)(e).
Unless the district or school is otherwise authorized to deny enrollment to a student in out‐of‐ home placement, the district or school shall enroll the student regardless of whether the district or school has received the student’s immunization records. Upon enrolling the student, the school shall notify the student’s legal guardian that unless the school receives the student’s certificate of immunization or a written authorization for administration of immunizations within fourteen (14) days after the student enrolls, the school shall suspend the student until such time as the school receives the certificate of immunization or authorization.
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School personnel shall not administer prescription or nonprescription medications to students unless appropriate administration cannot reasonably be accomplished outside of school hours.
Medication may be administered to students by school personnel whom a registered nurse has trained and delegated the task of administering such medication. For the purpose of this policy, the term “medication” includes both prescription medication and nonprescription medication, but does not include medical marijuana.
The administration of medical marijuana shall be in accordance with the Board's policy on administration of medical marijuana to qualified students.
The term “nonprescription medication” includes but is not limited to over-the-counter medications, homeopathic and herbal medications, vitamins and nutritional supplements.
Medication may be administered to students by the school nurse or other school designee only when the following requirements are met:
Self-administration of medication for asthma, allergies or anaphylaxis
A student with asthma, a food allergy, other severe allergies, or a related, life-threatening condition may possess and self-administer medication to treat the student’s asthma, food or other allergy, anaphylaxis or related, life-threatening condition. Self-administration of such medication may occur during school hours, at school-sponsored activities, or while in transit to and from school or school sponsored activity. Student possession and self-administration of such medication shall be in accordance with the regulation accompanying this policy.
Authorization for a student to possess and self-administer medication to treat the student’s asthma, food or other allergy, anaphylaxis or other related, life-threatening condition may be limited or revoked by the school principal after consultation with the school nurse and the student’s parent/guardian if the student demonstrates an inability to responsibly possess and self-administer such medication.
Use of stock epinephrine auto-injectors in emergency situations
The district shall have a stock supply of epinephrine auto-injectors for use in emergency anaphylaxis events that occur on school grounds. Any administration of a stock epinephrine auto-injector to a student by a district employee shall be in accordance with applicable state law, including applicable State Board of Education rules.
The district’s stock supply of epinephrine auto-injectors is not intended to replace student-specific orders or medication provided by the student’s parent/guardian to treat the student’s asthma, food or other allergy, anaphylaxis or related, life-threatening condition.
Student possession, use, distribution, sale or being under the influence of medication inconsistent with this policy shall be considered a violation of Board policy concerning drug and alcohol involvement by students and may subject the student to disciplinary consequences, including suspension and/or expulsion, in accordance with applicable Board policy.
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The Board recognizes that many students are being diagnosed with potentially life-threatening food allergies. To meet state law requirements concerning the management of food allergies and anaphylaxis among students, the Board has set forth the following requirements.
Health Care Plan
The school nurse, or a school administrator in consultation with the school nurse, shall develop and implement a health care plan (plan) for each student with a diagnosis of a potentially life-threatening food allergy. The plan shall address communication between the school and emergency medical services, including instructions for emergency medical responders. If a student qualifies as a student with a disability in accordance with federal law, the student's Section 504 plan, Individualized Education Program (IEP), and/or other plan developed in accordance with applicable federal law shall meet this requirement.
Reasonable Accommodations
Reasonable accommodations shall be made to reduce the student's exposure to agents that may cause anaphylaxis within the school environment. If a student qualifies as a student with a disability in accordance with federal law, the student's Section 504 plan, Individualized Education Program (IEP), and/or other plan developed in accordance with applicable federal law shall meet this requirement.
Access To Emergency Medications
Emergency medications for treatment of the student's food allergies or anaphylaxis shall be kept in a secure location accessible to designated school staff. Whenever possible and in a timely fashion, the student's parent/legal guardian shall supply the school with the medication needed for treatment of the student's food allergies or anaphylaxis, unless the student is authorized to self-carry such medication in accordance with Board policy JLCD, Administration of Medications.
Staff Training
The principal or equivalent school administrator, in consultation with the school nurse, shall determine the appropriate recipients of emergency anaphylaxis treatment training, which shall include those staff directly involved with a student who has a known food allergy during the school day. At a minimum, the training shall prepare staff to have a basic understanding of food allergies and the importance of reasonable avoidance of agents that may cause anaphylaxis, the ability to recognize symptoms of anaphylaxis, and the ability to respond appropriately when a student suffers an anaphylactic reaction. The training shall also include instruction in the administration of self-injectable epinephrine.
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The Board strives to honor families’ private medical decisions while ensuring a learning environment free of disruption. To accomplish these goals, the district restricts the administration of medications, including medical marijuana, during school hours unless administration cannot reasonably be accomplished outside of school hours.
Administration of medical marijuana to qualified students shall be in accordance with this policy. Administration of all other prescription and nonprescription medications to students shall be in accordance with applicable law and the Board’s policy concerning the administration of medications to students.
Definitions
For purposes of this policy, the following definitions shall apply:
Permissible administration of medical marijuana to a qualified student
A qualified student's primary caregiver may administer a permissible form of medical marijuana to a qualified student in a designated location if all of the following parameters are met:
Additional parameters
School personnel shall not administer or hold medical marijuana in any form.
This policy conveys no right to any student or to the student’s parents/guardians or other primary caregiver to demand access to any general or particular location on school or district property, a school bus or at a school-sponsored event to administer medical marijuana.
This policy shall not apply to school grounds, school buses or school-sponsored events located on federal property or any other location that prohibits marijuana on its property.
Permission to administer medical marijuana to a qualified student may be limited or revoked if the qualified student and/or the student’s primary caregiver violates this policy or demonstrates an inability to responsibly follow this policy’s parameters.
Student possession, use, distribution, sale or being under the influence of marijuana inconsistent with this policy may be considered a violation of Board policy concerning drug and alcohol involvement by students or other Board policy and may subject the student to disciplinary consequences, including suspension and/or expulsion, in accordance with applicable Board policy.
If the federal government indicates that the district’s federal funds are jeopardized by this policy, the Board declares that this policy shall be suspended immediately and that the administration of any form of medical marijuana to qualified students on school property, on a school bus or at a school-sponsored event shall not be permitted. The district shall post notice of such policy suspension and prohibition in a conspicuous place on its website.
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No treatment of injuries except first aid shall be permitted in the schools. First aid is immediate help given by the best qualified person at hand in case of accident or sudden illness.
At least one person in each building and all staff members who teach or supervise students in classes or activities where students are exposed to dangerous equipment or chemicals or other increased risks of injury, as determined by the school district, shall have special training in first aid. A master first aid kit shall be kept and properly maintained in each school.
Any person who in good faith provides emergency care or assistance without compensation at the place of the emergency or accident shall not be liable for any civil damages for acts or omissions in good faith.
Treatment of injuries occurring outside school jurisdiction is not the responsibility of school employees.
No drugs shall be given at any time except for aromatic spirits of ammonia in the case of fainting. The administering of aspirin or other analgesics for headaches or pain or the giving of sodium bicarbonate is forbidden unless a parent/guardian and physician have given written authorization for their use.
The school’s obligation continues after the injury until the injured student has been placed in the care of the parent/guardian or emergency health personnel. Therefore, the parent/guardians of all students shall be asked to sign and submit an emergency medical authorization form which shall indicate the procedure they wish the school to follow in the event of a medical emergency involving their child.
In all cases where the nature of an illness or an injury appears serious, the parent/guardian shall be contacted if possible and the instructions on the student’s emergency card followed. In extreme emergencies, where there is potential threat to life, limb or digit, school personnel shall immediately call emergency health personnel to arrange for transporting the student to an emergency facility on advice of emergency health personnel.
No elementary student who is ill or injured shall be sent home alone nor shall a secondary student be sent home alone unless the illness is minor and the parent/guardian has consented in advance.
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In all cases in which a student is enrolled in the Colorado Medicaid program, the district shall seek reimbursement for health-related services rendered by qualified district staff. District staff shall make a reasonable effort to coordinate care with the student’s health care provider to avoid duplication of services.
As a Medicaid provider, the district shall access Medicaid eligibility information for students from Health Care Policy and Financing (“HCPF”). HCPF is the designated Medicaid agency for the state of Colorado.
The district shall obtain written consent annually from a parent/guardian before release of any non-directory information required for billing. To accomplish this, the district shall include a consent form with IEP packet materials.
All ongoing health and related services shall be rendered by qualified district staff pursuant to an individual health services plan signed by a professional qualified to provide the types of services described in the plan. The plan may be an Individual Education Plan (IEP), Individual Family Service Plan (IFSP), Section 504 Accommodation Plan or any individual health services plan.
A dated record of all transactions shall be kept on file at the school office.
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Parents/guardians and eligible students have the right to review, upon request, any survey, analysis or evaluation administered or distributed by a school to students whether created by the district or a third party. For purposes of this policy, "eligible student" means a student 18 years of age or older or an emancipated minor. Any survey, analysis or evaluation administered or distributed by a school to students shall be subject to applicable state and federal laws protecting the confidentiality of student records.
Survey, analysis or evaluation for which consent is required
Except as otherwise permitted by law, students shall not be required to submit to a survey, analysis, or evaluation that is intended to reveal information, whether the information is personally identifiable or not, without prior written consent of the parents/guardian or eligible student, if that survey, analysis, or evaluation reveals information in the following areas (“protected information”):
School personnel responsible for administering any such survey, analysis or evaluation shall give written notice at least two weeks in advance to the student's parent/guardian or the eligible student. The notice shall offer to provide the following written information upon request:
These notice provisions also apply to any survey, analysis or evaluation funded by the U.S. Department of Education.
Exceptions to policy
Nothing in this section of the policy shall:
Surveys, analysis or evaluation for marketing purposes
Parents/guardians and eligible students shall receive notice and have the opportunity to opt a student out of activities involving the collection, disclosure or use of personal information collected from the student for the purpose of marketing or selling that information or otherwise providing the information to others for that purpose.
Annual notice
At the beginning of each academic year, the district shall inform parents/guardians and eligible students that the parent/guardian or eligible student has the right to consent before students are required to submit to a survey that concerns one or more of the protected areas and to opt out of the following:
Psychiatric/psychological testing methods or procedures
School personnel are prohibited under state law from recommending or requiring the use of psychotropic drugs for students. They are also prohibited from testing or requiring testing for a student's behavior without giving notice to the parent/guardian describing the recommended testing and how any test results will be used. Prior to conducting any such testing, school personnel shall obtain written permission from the parent/guardian or eligible student in accordance with applicable law.
School personnel are encouraged to discuss concerns about a student's behavior with the parent/guardian, and such discussions may include a suggestion that the parent/guardian speak with an appropriate health care professional regarding any behavior concerns that school personnel may have. Only those persons appropriately certified or licensed may expose students to any psychiatric or psychological method or procedure for the purpose of diagnosis, assessment or treatment of any emotional, behavioral or mental disorder or disability. Such methods or procedures may only be performed after acquiring written permission from a student's parent or guardian, or from the student in those circumstances in which federal or state law allows the student to obtain such services in confidence or without prior notice to the parent/guardian.
Licensed school personnel are encouraged to be knowledgeable about psychiatric or psychological methods and procedures but shall not be involved in any diagnosis, assessment or treatment of any type of mental disorder or disability unless appropriately certified. In accordance with state law, school personnel including certified school psychologists are not authorized to practice psychotherapy or utilize any psychiatric or psychological procedure outside of or beyond their area of training, experience or competence.
Psychological tests shall be administered to students only by appropriately certified school personnel employed for this purpose or by interns under their supervision. Adherence to this policy shall ensure quality psychological services and shall protect the educational rights, dignity and privacy of students and parents/guardians.
Ordinary classroom instruction, activities and techniques involving the approved curriculum which teach about psychological or psychiatric methods or procedures shall be permissible and considered outside the scope of this policy. It is understood that there is a significant difference between practicing therapy and providing activities that may be therapeutic in nature. Any teacher who questions whether a planned activity is one involving psychiatric or psychological methods or procedures for which the teacher may not be properly certified or licensed shall consult with the school principal.
Special education evaluation
The giving of parental permission for evaluation or re‐evaluation of a student with disabilities and any required consent to the provision of special education services to a student with disabilities is governed by state and federal law and is outside the scope of this policy.
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PPRA affords parents/guardians certain rights regarding the conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include the right to:
These rights transfer from the parents/guardians to a student who is 18 years old or an emancipated minor ("eligible student") under state law. The district will develop and adopt policies, in consultation with parents/guardians, regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes.
The district will directly notify parents/guardians of these policies at least annually at the start of each school year and after any substantive changes. The district will also directly notify, such as through U.S. Mail or electronic mail, parents/guardians of students who are scheduled to participate in the specific activities or surveys noted above and will provide an opportunity for the parent/guardian to opt his or her child out of participation in the specific activity or survey. The district will make this notification to parents/guardians at the beginning of the school year if the district has identified the specific or approximate dates of the activities or surveys at that time.
For surveys and activities scheduled after the school year starts, parents/guardians will be provided reasonable notification of the planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys. Parents/guardians will also be provided an opportunity to review any pertinent surveys.
Following is a list of the specific activities and surveys covered under this requirement:
Parents/guardians and 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, D.C. 20202‐5901
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In all cases in which a student is enrolled in the Colorado Medicaid program, the district shall seek reimbursement for health-related services rendered by qualified district staff. District staff shall make a reasonable effort to coordinate care with the student’s health care provider to avoid duplication of services.
As a Medicaid provider, the district shall access Medicaid eligibility information for students from Health Care Policy and Financing (“HCPF”). HCPF is the designated Medicaid agency for the state of Colorado.
The district shall obtain written consent annually from a parent/guardian before release of any non-directory information required for billing. To accomplish this, the district shall include a consent form with IEP packet materials.
All ongoing health and related services shall be rendered by qualified district staff pursuant to an individual health services plan signed by a professional qualified to provide the types of services described in the plan. The plan may be an Individual Education Plan (IEP), Individual Family Service Plan (IFSP), Section 504 Accommodation Plan or any individual health services plan.
A dated record of all transactions shall be kept on file at the school office.
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It is the policy of the Board of Education that this school district comply with the Child Protection Act.
To that end, any school official or employee who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions which would reasonably result in abuse or neglect, as defined by statute, shall immediately upon receiving such information report or cause a report to be made to the appropriate county department of social services or local law enforcement agency. Failure to report promptly may result in civil and/or criminal liability. A person who reports child abuse or neglect in good faith is immune from civil or criminal liability.
Reports of child abuse or neglect, the name and address of the child, family or informant or any other identifying information in the report shall be confidential and shall not be public information.
The Board shall provide periodic inservice programs for all teachers in order to provide them with information about the Child Protection Act, to assist them in recognizing and reporting instances of child abuse and to instruct them on how to assist victims and their families.
School employees and officials shall not contact the child's family or any other persons to determine the cause of the suspected abuse or neglect. It is not the responsibility of the school official or employee to prove that the child has been abused or neglected.
The superintendent shall submit such procedures as are necessary to the Board for approval to accomplish the intent of this policy.
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At the beginning of each school year, the district shall provide written information to parents and eligible students identifying where and how members of the community may obtain information collected by law enforcement agencies related to registered sex offenders.
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The school is legally responsible for taking the reasonable steps to ensure the health and safety of its students during the school day. Therefore, each school shall set up procedures to validate requests for early dismissal so that students are released only for proper reasons and into proper hands.
Under no circumstances shall teachers dismiss a student from school prior to the end of the school day or into any person's custody without the direct prior approval and knowledge of the building principal.
The principal shall not excuse a student under the age of 18 before the end of a school day without a request for the early dismissal from the student's parents/ guardians. In keeping with this policy, it becomes prudent that:
An elementary student shall be sent home only with a parent/guardian or, if the parent/guardian is not available, with another authorized adult.
Additional precautions shall be taken by the principals as needs arise.
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Students shall not be charged an instructional fee as a condition of enrollment in school or as a condition of attendance in any class that is considered part of the academic portion of the district’s educational program except tuition when allowed by law. However, the district may require students to pay textbook fees, fees for expendable materials and other miscellaneous fees as more fully set forth in this policy.
All student fees and charges shall be adopted by the Board. The fee shall remain in place until modified or removed by Board resolution. All student fees adopted by the Board shall be used for the purposes set forth in the motion and shall not be spent for any other purpose.
When publicizing any information concerning any fee authorized to be collected by this policy, the school shall specify whether the fee is voluntary or mandatory and the specific activity from which the student will be excluded if the fee is not paid.
Among the fees which the Board may authorize are the following:
Textbook and library resources
Textbooks shall be provided on a loan basis. Non‐indigent students may be asked to pay a nonrefundable rental fee reasonably related to the actual cost of some or all of the textbooks provided for the student. The rental fee and corresponding depreciation schedule shall be adopted by the Board prior to the textbook’s introduction into the classroom. No rental fee will be assessed for textbooks and workbooks used in the classroom for reference.
It is expected that students shall return textbooks and library resources to the school in good condition except for ordinary wear. Students shall be assessed fines for lost, damaged or defaced books (including those checked out from the library), materials or equipment. The fines will be for the amount of the loss. In computing a fine, 20 percent of the original cost of a book or library resource will be deducted for each year it has been used.
If the school district has made a reasonable effort to obtain payment for lost or damaged textbooks or library resources to no avail, the district may then withhold the diploma, transcript or grades of any student who fails to return or replace such textbooks or library resources at the end of the semester or school year. If a student is graduating, the district may deny the privilege of participation in the graduation ceremony if the student has failed to return or replace a textbook by the date of the ceremony. Alternative payment methods, such as installment plans or school service, shall apply to students who are unable to pay. A student shall not be refused use of textbooks based on failure to pay the required fees.
Fees for expendable supplies and materials
Teachers shall determine a basic course for each class which can be completed with materials furnished by the school. However students may be charged a fee for expendable supplies and materials used in the course. Fees for expendable supplies and materials shall relate directly to the actual cost of providing these materials to the student. Students shall be required to pay for materials that go into shop, crafts or art projects that are above the basic requirements for the course and are to be retained by the student.
Miscellaneous fees
Students may be asked to pay miscellaneous fees and expenses on a voluntary basis as a condition of attending, participating in, or obtaining materials/clothing/ equipment used in a school‐sponsored activity or program not within the academic portion of the educational program.
Rental fees for the use of items such as choral robes, band uniforms and school‐owned instruments shall be approved by the Board upon the recommendation of the superintendent.
Students participating in activities which are not required by the teacher or used in the determination of a grade may be required to pay charges covering the cost of the activity. Such charges may include but are not limited to admission fees, food costs and transportation costs on activity trips. However, it is incumbent upon the teacher and principal to make every effort to be sure no student is denied the right to participate in trips or other enrichment activities because of lack of funds.
Waiver of fees
All fees, fines and charges for textbooks and expendable supplies and materials required for classes within the academic portion of the educational program shall be waived for indigent students. For purposes of determining if a student is able to pay, an indigent student is defined as any child who is eligible for a free or reduced price lunch under the federal poverty income guidelines.
Fee schedule
The district shall prepare and make available upon request a complete list of student fees, describing how the amount of each fee was derived and the purpose of each fee.
Parents shall be informed on the fee schedule or otherwise regarding how to apply for a waiver of fees, whether fees are voluntary or mandatory and the specific activity from which the student will be excluded if the fee is not paid. Students qualifying for a fee waiver will receive it without unnecessary embarrassment or public exposure of their need.
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Student education records in all formats and media, including photographic and electronic may contain, but will not necessarily be limited to, the following information: identifying data; academic work completed; level of achievement (grades, standardized achievement test scores); attendance data; scores on standardized intelligence, aptitude and psychological tests; interest inventory results; health and medical information; family background information; teacher or counselor ratings and observations, reports of serious or recurrent behavior patterns, and any individual education program (IEP).
Education records do not include records maintained by a law enforcement unit of the school or school district that are created by that unit for the purpose of law enforcement.
Nothing in this policy shall prevent administrators, teachers or staff from disclosing information derived from personal knowledge or observation and not derived from a student’s education records.
All requests for inspection and review of student education records and requests for copies of such records, as well as disclosure of personally identifiable information except as provided by law, shall be maintained as a part of each student’s record.
The principal is the official custodian of student records in his or her building.
A parent/guardian (“parent”) and any student 18 years old or older, has the right to inspect and review the student's education files. If a student is 18 years old or older (“eligible student”), the parent or guardian may not inspect or review the student records without written permission from the student. However, if an eligible student is a dependent for federal income tax purposes, parents/guardians are entitled along with the student to access to student educational records.
During inspection and review of student records by a parent or eligible student and when requested by them, the principal will provide personnel necessary to give explanations and interpretations of the student records.
In all cases where access to student records is requested, except as provided in this policy, a written request to see the files must be made by the parent or eligible student. The principal, upon receipt of the written request, shall provide access to inspect and review the records and set a date and time for such inspection and review. In no case will the date set be more than three working days after the request has been made.
The parent or eligible student shall examine the student's records in the presence of the principal and/or other person(s) designated by the principal.
Only licensed personnel such as the vice principal or counselor may be so designated.
The record itself shall not be taken from the school building. However, upon request, one copy of the record shall be provided within a reasonable time to the parent or eligible student at a cost of $.25 per page. [NOTE: This may not exceed $.25 per page.]
When a student transfers to this school district from another district, the receiving school shall request the student’s records from the transferring district if the records have not already been forwarded to the receiving school.
Student records, including disciplinary records, may be transferred without consent to officials of another school, school system, or post secondary institution that has requested the records and in which the student seeks or intends to enroll. The district will provide a copy of the record to the eligible student or student’s parents if so requested.
Within the bounds of state law, school district personnel shall seek to obtain such information regarding students as is required to perform their legal duties and responsibilities, including protecting public safety and the safety of the student. Such information may be obtained from the judicial department or any state agency that performs duties and functions under the Colorado Children’s Code.
School district personnel receiving such information shall use it only in the performance of their legal duties and responsibilities and shall otherwise maintain the confidentiality of all information obtained.
If such information is shared with another school or school district to which a student may be transferring, it shall only be shared in compliance with the requirements of federal law, including the Family Education Rights and Privacy Act of 1974 (“FERPA”).
A parent or eligible student may ask the district to amend a record they believe is inaccurate, misleading or otherwise violates the privacy rights of the student by writing to the school principal [or appropriate school official] clearly identifying the part of the record they want changed and specifying why it is inaccurate, misleading or otherwise violates the privacy rights of the student. The request to the principal to amend a student's records must be made in writing within 10 school days of the date the records were first examined.
If the principal, after consulting with any other person having relevant information, decides not to amend the record as requested by the parent or eligible student, the principal shall notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures shall be provided to the parent or eligible student when notified of the right to a hearing.
A request for a formal hearing must be made in writing and addressed to the superintendent of schools. The response to the request shall be mailed within 10 school days. The hearing shall be held in accordance with the following:
Whenever the district is required by law or policy to seek written consent prior to disclosing personally identifiable information regarding a student, the notice provided to the parent/guardian or eligible student shall contain the following:
Parental consent shall only be valid for the specific instance for which it was given. Consent for a student to participate in any course, school activity special education program or in any other school program shall not constitute the specific written consent required.
All signed consent forms shall be retained by the school district.
The school district will disclose personally identifiable information from student records without written consent of the parent or eligible student only to those persons or entities allowed under federal or state law to receive such information.
The school district may disclose group scholastic achievement data from which the individual cannot be identified without written consent of the parent or eligible student.
In accordance with state law, the principal or designee is required to communicate disciplinary information concerning any student enrolled in the school to any teacher who has direct contact with the student in the classroom and to any counselor who has direct contact with the student. The purpose of this requirement is to keep school personnel apprised of situations that could pose a risk to the safety and welfare of others.
For purposes of this policy, “disciplinary information” means confidential records maintained by or in possession of the principal or designee on an individual student which indicate the student has committed an overt and willful act which constitutes a violation of the district’s code of student conduct and/or there is reasonable cause to believe, through information provided to the principal from another credible source, that the student could pose a threat to the health and safety of other students and school personnel based on prior misbehavior. “Disciplinary information” is intended to include only that information of a serious nature that is not otherwise available to teachers and counselors as part of the education records maintained on students or other reports of disciplinary actions. It is appropriate for instructional staff members to request disciplinary information from the principal or designee on students in their classrooms if there is concern that the student poses a threat to the safety of other students or school officials.
Any teacher or counselor to whom disciplinary information is reported shall maintain the confidentiality of the information and shall not communicate it to any other person. The principal or designee is required to inform the student and the student’s parent/guardian when disciplinary information is communicated and to provide a copy of the disciplinary information. The student and/or the student’s parent/ guardian may challenge the accuracy of disciplinary information through the administrative regulations which accompany this policy.
Names, addresses and home telephone numbers, as well as directory information, of secondary school students will be released to military recruiting officers within 90 days of the request unless a parent/guardian or eligible student submits a written request that such information not be released. Reasonable and customary actual expenses directly incurred by the district in furnishing this information will be paid by the requesting service.
In all cases in which a student is enrolled in the Colorado Medicaid program, the district shall release directory information consisting of the student’s name, date of birth and gender to Health Care Policy and Financing (Colorado’s Medicaid agency) to verify Medicaid eligibility of students. The district shall obtain written consent annually from a parent/guardian before the release of any non‐directory information required for billing. To accomplish this, the district shall include a consent form with IEP packet materials.
The superintendent or designee is authorized by law to share disciplinary and attendance information with a criminal justice agency investigating a criminal matter concerning a student enrolled or who will enroll in the school district when necessary to effectively serve the student prior to trial. Such information shall only be shared upon written certification by the criminal justice agency that the information will not be disclosed to any other party, except as specifically authorized or required by law, without the prior written consent of the student’s parent/guardian.
On or before December 31 of each school year, the school district shall disclose to the CCHE the names and mailing addresses of those students enrolled in the eighth grade for use in mailing the notice of postsecondary educational opportunities and higher education admission guidelines as required by state law.
Except as noted in this policy, student records will not be released to other individuals and parties without a written request and authorization of the parent or eligible student.
Personal information will only be released to a third party with the assurance it will be kept confidential.
The school district may disclose directory information without written consent of the parent or eligible student. The parent or eligible student has the right to refuse to permit the designation of any or all of the categories of directory information if such refusal is received in writing in the office of the principal of the school where the student is in attendance no later than September 7 or the following Monday if September 7 is a Saturday or Sunday.
“Directory information” which may be released may includes the student's name, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous education agency or institution attended by the student, and other similar information. Student telephone numbers and addresses will not be disclosed pursuant to Colorado law.
The district will notify parents and eligible students of their rights pursuant to this policy at the beginning of each academic year. The notice will be in the form provided on exhibit JRA/JRC‐E. For notice to parents or eligible students who are disabled or whose primary or home language is other than English, the format or method of notice will be modified so it is reasonably likely to inform them of their rights.
A copy of the Family Educational Rights and Privacy Act and this policy on student records shall be on file in the office of each building principal and of each individual who carries out procedures relative to the act or policy.
A parent or eligible student may waive any or all rights protected by this policy. The waiver shall not be valid unless in writing and signed by the parent or eligible student. The district does not require a waiver but may request a waiver. Any waiver under this provision may be revoked at any time in writing.
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The Family Educational Rights and Privacy Act (“FERPA”) and Colorado law afford parents/guardians (“parents”) and students over 18 years of age (“eligible students”) certain rights with respect to the student’s education records, as follows:
A parent or eligible student making such a request must submit to the school principal [or appropriate school official] a written request that identifies the records(s) they wish to inspect. The principal will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
A parent or eligible student may ask the district to amend a record they believe is inaccurate, misleading or otherwise violates the privacy rights of the student by writing to the school principal [or appropriate school official] clearly identifying the part of the record they want changed and specifying why it is inaccurate, misleading or otherwise violates the privacy rights of the student.
If the principal decides not to amend the record as requested, the principal will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
Whenever the district is required by law or policy to seek written consent prior to disclosing personally identifiable information regarding a student, the notice provided to the parent/guardian or eligible student shall contain the following:
Parental consent shall only be valid for the specific instance for which it was given. Consent for a student to participate in any course, school activity special education program or in any other school program shall not constitute the specific written consent required.
All signed consent forms shall be retained by the school district.
Disclosure of personally identifiable information can be made without consent to the following:
The school district may disclose group scholastic achievement data from which the individual cannot be identified without written consent of the parent or eligible student.
Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-4605.
The district is permitted by law to disclose directory information without written consent of the parent or eligible student. The parent or eligible student has the right to refuse to permit the designation of any or all of the categories of directory information if such refusal is received in writing in the office of the principal of the school where the student is in attendance no later than September 7 or the following Monday if September 7 is a Saturday or Sunday.
Directory information which may be released may include the student's name, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent and previous education agency or institution attended by the student, and other similar information. Student telephone numbers and addresses will not be disclosed pursuant to Colorado law.
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It is the Board of Education's intention to utilize all avenues under state law to facilitate the sharing of relevant student records and information when necessary to protect the safety and welfare of school district staff, visitors, students, and the public and to protect property.
The superintendent is directed to develop procedures and a training program for staff consistent with this policy. The procedures shall direct school district personnel to provide and obtain student records and information to/from state agencies, including law enforcement and judicial department agencies, to the extent required or allowed by state and federal law.
Sharing of information by the school district
Disciplinary and attendance information shall only be shared with a criminal justice agency investigating a criminal matter concerning a student enrolled or who will enroll in the school district when necessary to effectively serve the student prior to adjudication. Such information shall only be shared upon written certification by the criminal justice agency that the information will not be disclosed to any other party, except as specifically authorized or required by law, without the prior written consent of the student's parent/guardian.
School personnel who share disciplinary and attendance information concerning a student pursuant to this policy are immune from civil and criminal liability if they act in good faith compliance with state law.
Nothing in this policy shall prevent administrators, teachers or staff from disclosing information derived from personal knowledge or observation and not derived from student's education records.
Information obtained from state agencies
Within the bounds of state law, school district personnel shall seek to obtain such information regarding students as is required to perform their legal duties and responsibilities, including to protect public safety and safety of the student. Such information may be obtained from the judicial department or any state agency that performs duties and functions under the Colorado Children's Code.
School district personnel receiving such information shall use it only in the performance of their legal duties and responsibilities and shall otherwise maintain the confidentiality of all information obtained. If such information is shared with another school or school district to which a student may be transferring, it shall only be shared in compliance with the requirements of federal law, including the Family Education Rights and Privacy Act of 1974 ("FERPA").
When a petition is filed in juvenile court or district court that alleges a student between the ages of 12 to 18 years has committed an offense that would constitute unlawful sexual behavior or a crime of violence if committed by an adult, basic identification information, as defined in state law, along with the details of the alleged delinquent act or offense, is required by law to be provided immediately to the school district in which the juvenile is enrolled.
The information shall be used to determine whether the student has exhibited behavior that is detrimental to the safety, welfare, and morals of the other students or school personnel and whether educating the student in the school may disrupt the learning environment in the school, provide a negative example for other students, or create a dangerous and unsafe environment for students, teachers, and other school personnel.
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The Internet, a global computer network referred to as the World Wide Web, and electronic communications (e-mail, chat rooms and other forms of electronic communication) have vast potential to support curriculum and student learning. The Board of Education believes they should be used in schools as a learning resource to educate and to inform.
Use of the Internet and electronic communications require students to think critically, analyze information, write clearly, use problem-solving skills, and hone computer and research skills that employers demand. Use of these tools also encourages an attitude of lifelong learning and offers an opportunity for students to participate in distance learning activities, ask questions and consult with experts, communicate with other students and individuals, and locate material to meet educational and personal information needs.
The Internet and electronic communications are fluid environments in which students may access materials and information from many sources, including some that may be harmful to students. While it is impossible to predict with certainty what information students might locate or come into contact with, the Board shall take reasonable steps to protect students from accessing material and information that is obscene, child pornography or otherwise harmful to minors, as defined by the Board. Students shall take responsibility for their own use of district technology devices to avoid contact with material or information that may be harmful to minors. For the purposes of this policy, “district technology device” means any district‐owned computer, hardware, software, or other technology that is used for learning purposes and has access to the Internet.
Blocking or Filtering Obscene, Pornographic and Harmful Information
Technology that blocks or filters material and information that is obscene, child pornography or otherwise harmful to minors, as defined by the Board, shall be installed on each technology device provided by the district that allows for access to the Internet by a minor, from any location. Students shall report access to material and information that is obscene, child pornography, harmful to minors or otherwise in violation of this policy to the supervising staff member. If a student becomes aware of other students accessing such material or information, he or she shall report it to the supervising staff member.
No Expectation of Privacy
District technology devices are owned by the district and are intended for educational purposes at all times. Students shall have no expectation of privacy when using the Internet or electronic communications. The district reserves the right to monitor, inspect, copy, review and store (at any time and without prior notice) all usage of district computers and computer systems, including all Internet and electronic communications access and transmission/receipt of materials and information. All material and information accessed/received through district technology devices shall remain the property of the school district.
Unauthorized and Unacceptable Uses
Students shall use district technology in a responsible, efficient, ethical and legal manner.
Because technology and ways of using technology are constantly evolving, every unacceptable use of district technology devices cannot be specifically described in policy. Therefore, examples of unacceptable uses include, but are not limited to, the following.
No student shall access, create, transmit, retransmit or forward material or information:
Security
Security on district technology devices is a high priority. Students who identify a security problem while using the Internet or electronic communications must immediately notify a system administrator. Students should not demonstrate the problem to other users. Logging on to the Internet or electronic communications as a system administrator is prohibited.
Students shall not:
Any user identified as a security risk, or as having a history of problems with technology may be denied access to the Internet and electronic communications.
Safety
In the interest of student safety, the district shall educate students about appropriate online behavior, including cyberbullying awareness and response, and interacting on social networking sites and in chat rooms, and other forms of direct electronic communications. Students shall not reveal personal information, such as home address or phone number, while using the Internet or electronic communications. Without first obtaining permission of the supervising staff member, students shall not use their last name or any other information that might allow another person to locate him or her. Students shall not arrange face-to-face meetings with persons met on the Internet or through electronic communications.
Vandalism
Vandalism will result in cancellation of privileges and may result in school disciplinary action and/or legal action. Vandalism is defined as any malicious or intentional attempt to harm, destroy, modify, abuse or disrupt the operation of any network within the school district or any network connected to the Internet, operation of any form of electronic communications, the data contained on any network or electronic communications, the data of another user, usage by another user, or district-owned technology device. This includes, but is not limited to, the uploading or creation of computer viruses and the use of encryption software.
Unauthorized Content
Students are prohibited from using or possessing any software applications, mobile apps or other content that has been downloaded or is otherwise in the user's possession without appropriate registration and payment of any fees.
Assigning Student Projects and Monitoring Student Use
The district will make every effort to see that the Internet and electronic communications are used responsibly by students. Administrators, teachers and staff have a professional responsibility to work together to monitor students' use of the Internet and electronic communications, help students develop the intellectual skills needed to discriminate among information sources, to identify information appropriate to their age and developmental levels, and to evaluate and use information to meet their educational goals. Students shall have specifically defined objectives and search strategies prior to accessing material and information on the Internet and through electronic communications.
Opportunities shall be made available on a regular basis for parents to observe student use of the Internet and electronic communications in schools. All students shall be supervised by staff while using the Internet or electronic communication.
Staff members assigned to supervise student use shall have received training in Internet and electronic communications safety and monitoring student use.
Student Use is a Privilege
Use of the Internet and electronic communications demands personal responsibility and an understanding of the acceptable and unacceptable uses of such tools. Student use of the Internet and electronic communications is a privilege, not a right. Failure to follow the procedures contained in this policy may result in the loss of the privilege to use these tools and may result in school disciplinary action and/or legal action. The school district may deny, revoke or suspend access to district technology or close accounts at any time.
Students and parents/guardians shall be required to sign the district's Acceptable Use Agreement annually before Internet or electronic communications accounts shall be issued or access shall be allowed.
School District Makes No Warranties
The school district makes no warranties of any kind, whether expressed or implied, related to the use of district technology devices, including access to the Internet and electronic communications services. Providing access to these services does not imply endorsement by the district of the content, nor does the district make any guarantee as to the accuracy or quality of information received. The School District shall not be responsible for any damages, losses or costs a student suffers in using the Internet and electronic communications. This includes loss of data and service interruptions. Use of any information obtained via the Internet and electronic communications is at the student's own risk.
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The Board presumes the person who enrolls a student in school is the student's custodial parent. Unless a Colorado court specifies otherwise and a certified copy of the order is submitted to the school, the custodial parent shall be the one whom the school district holds responsible for the education and welfare of the child.
If the rights of a non-custodial parent are restricted by a Colorado court order, the custodial parent must submit a certified copy of the order to the school. Unless informed through the submission of such a court order, the school district assumes there are no restrictions regarding a non-custodial parent's rights, including the right to:
Students shall not be permitted to visit with or be released to anyone, including a non-custodial parent, without the approval of the custodial parent.
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Constructive criticism motivated by a sincere desire to improve the quality of the educational program or to equip the schools to do their tasks more effectively is welcomed by the Board of Education.
The Board believes that complaints and grievances are best handled and resolved as close to their origin as possible. Therefore, the proper channeling of complaints involving instruction, discipline or learning materials will be as follows:
Any complaint about school personnel shall always be referred back through proper administrative channels before it is presented to the Board for consideration and action.
When a complaint is made directly to an individual Board member, the procedure outlined below shall be followed:
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Criticism of a book or other materials used in the schools may be expected from time to time. In such instances:
It shall be emphasized that a book or other materials shall not be excluded because of the writer’s race or nationality or political or religious views. The value of any book or other material shall be judged as a whole, taking into account the purpose of the material, rather than individual, isolated expressions or incidents in the work.
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KEF - Public Concerns/Complaints about Teaching Methods, Activities or Presentations
Parents/guardians or patrons shall be allowed to challenge the use of any teaching methods, activities or presentations but must express such objection through the following procedures:
Nothing herein shall be deemed to modify or repeal any other policy or regulation of the school district relative to rights and expression on the part of the professional staff or students.
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The Board encourages parents/guardians and other citizens of the district to visit classrooms, activities and functions at any time to observe the work of the schools. The Board believes that there is no better way for the public to learn what the schools actually are doing.
In order to ensure that no unauthorized persons enter buildings with wrongful intent, all visitors to the schools shall report to the school office when entering, show proper identification and reason for being at the school. Visitors shall wear name-tags which identify them as visitors. This will not apply when parents/guardians have been invited to a classroom or assembly program.
To promote the general health, welfare and well being of all who enter school property, and pursuant to state law, smoking, chewing or any use of tobacco products by staff, students, or visitors is prohibited on all school property.
The district shall notify the public in an appropriate manner that persons violating the criminal law by using, selling or distributing any controlled substance on school grounds, on school buses transporting students or within 1,000 feet of the perimeter of the school grounds shall be subject to enhanced criminal penalties.
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