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SECTION J: STUDENT
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JA Student Policies Goals
JB Equal Educational Opportunities
JED Student Absences and Excuses
JEDA Truancy
JEDB Student Dismissal Precautions
JEE Student Attendance Accounting (Missing and Absent Children)
JFC Student Conduct (Zero Tolerance)
JFCF Hazing and Bullying (Revision 7 17 08)
JFCF-RHazing and Bullying Regulations( NEW 7 17 08)
JFCG Tobacco Use by Students(Revision 6 28 07)
JFCH Alcohol Use by Students
JFCI Student Drug Abuse
JFCJ Weapons in the Schools
JFCL Unsafe Schools (Persistently Dangerous Schools)
JFG Interrogations and Searches
JGA Corporal Punishment
JGDA Emergency Removal of Student
JHCA Wellness (New 9 21 06)
JHCB Inoculations of Students
JHCC Communicable Diseases
JHCD Administering Medicines to Students (Revision Epinephrine Autoinjectors 6 28 07)
JHCD-R Administering Medicines to Students (Revision Epinephrine Autoinjectors 6 28 07)
JHF Student Safety
JHG Reporting Child Abuse
JHH Notification About Sex Offenders
JL Student Gifts and Solicitations
JM Staff-Student Relations (Also GBH)
JN Student Fees, Fines and Charges
JO Student Records
JOA Student Surveys
File: JA (return to top menu - Section J)
STUDENT POLICIES GOALS
The Board advocates the following goals to:
1. enhance equal educational opportunities for all students;
2. instill in all students the ability to be critical thinkers and to strive for life-long learning;
3. promote faithful attendance;
4. ensure that the Constitutional rights of all students as citizens in a democracy have practical meaning and application;
5. develop in students a deep sense of personal responsibility for their actions;
6. attend vigorously to matters of student safety, health and welfare;
7. deal justly and constructively with all students in matters of discipline and
8. help all students feel that they are valued as individual persons in the school environment.
[Adoption date: April 17, 2003]
LEGAL REFS.: Ohio Const. Art. II
ORC 3313.48
File: JB (return to top menu - Section J)
EQUAL EDUCATIONAL OPPORTUNITIES
All students of the District have equal educational opportunities.
Students have the right to be free from discrimination on the basis of race, color, national origin, citizenship status, religion, gender, economic status, marital status, pregnancy, age or disability in all decisions affecting admissions; membership in school-sponsored organizations, clubs or activities; access to facilities; distribution of funds; academic evaluations or any other aspect of school-sponsored activities. Any limitations with regard to participation in a school-sponsored activity are based on criteria reasonably related to that specific activity.
[Adoption date: April 17, 2003]
LEGAL REFS.: Civil Rights Act, Title VI; 42 USC 2000d et seq.
Civil Rights Act, (Amended 1972), Title VII; 42 USC 2000e et seq.
Executive Order 11246, 1965, amended by Executive Order 11375
Education Amendments of 1972, Title IX, Pub. L. No. 92-318 (1972)
Individuals with Disabilities Education Act
Vocational Rehabilitation Act of 1973, Section 504
ORC 3313.64
OAC 3301-35-02(a)(2)
Americans with Disabilities Act; 42 USC 12112 et seq.
CROSS REFS.: AC, Nondiscrimination
ACA, Nondiscrimination on the Basis of Gender
ACB, Nondiscrimination on the Basis of Disability
GBA, Equal Opportunity Employment
IGBA, Programs for Students with Disabilities
IGBB, Programs for Gifted and Talented Students
File: JED (return to top menu - Section J)
STUDENT ABSENCES AND EXCUSES
Regular attendance by all students is very important. In many cases, irregular attendance is the major reason for poor school work; therefore, all students are urged to make appointments, do personal errands, etc., outside of school hours.
Reasons for which students may be excused include, but are not limited to:
1. personal illness of the student;
2. illness in the student’s family;
3. death in the family;
4. quarantine for contagious disease;
5. religious reasons or
6. as determined by the Superintendent.
Each student who is absent must immediately, upon return to school, make arrangements with his/her teacher(s) to make up work missed. Students who are absent from school for reasons not permitted by State law may, or may not, be permitted to make up work. Each case is considered on its merits by the principal and the respective teacher(s). Students are requested to bring a note to school after each absence explaining the reason for the absence or tardiness.
The Board authorizes the Superintendent/designee to notify the district superintendent for the purpose of denying a student’s driving privileges if that student of compulsory school age has been absent without legitimate excuse for more than 10 consecutive days or a total of at least 15 days during a semester or term.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3321.01; 3321.04; 3321.13; 3321.14; 3321.38
4507.061
OAC 3301-35-02; 3301-35-03
3301-51-13
CROSS REF.: JEDB, Student Dismissal Precautions
File: JEDA (return to top menu - Section J)
TRUANCY
The Board endeavors to reduce truancy through cooperation with parents, diligence in investigating the causes of absence and use of strict guidelines in regard to tardiness and unexcused absence.
When the ESC Superintendent/designee determines that a student has been truant and that the parent, guardian or other person having care of a child has failed to ensure the child’s attendance at school, the Superintendent/designee is authorized to notify the local school district to require the parent to attend a specified educational program.
This program has been established according to the rules adopted by the State Board of Education for the purpose of encouraging parental involvement in compelling the child’s attendance at school.
On the request of the Superintendent/designee, or when it comes to the attention of the school attendance officer or other appropriate officer of the District, the designated officer must investigate any case of supposed truancy within the District and must warn the child, if found truant, and the child’s parent in writing of the legal consequences of being a “habitual” or a “chronic” truant.
A “habitual truant” is any child of compulsory school age who is absent without a legitimate excuse for five or more consecutive school days, seven or more school days in one month or 12 or more school days in a school year.
A “chronic truant” is any child of compulsory school age who is absent without legitimate excuse for seven or more consecutive school days, 10 or more school days in one month or 15 or more school days in a school year.
The parent is required to have the child attend school immediately after notification. If the parent fails to get the child to attend school, the attendance officer or other appropriate officer, if directed by the Superintendent or the board of the resident district, must send notice requiring the child’s parent to attend a parental education program.
For the correction of the “habitually truant” unruly child, the courts may now order the district board of residence to require the child to attend an alternative school if one has been established.
The courts may order the “habitually truant” child not to be absent without legitimate excuse from school for five or more consecutive days, seven or more school days in one school month or 12 or more school days in a school year.
Regarding “habitual truants,” the district board of residence must take as an intervention strategy any appropriate action contained in the Board policy, or the Board may file a complaint in juvenile court jointly against the child and the parent. The complaint must state that the child is an “unruly child” by virtue of being a “habitual truant” and that the child’s parent violated the School Attendance Law.
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File: JEDA
Regarding “chronic truants,” if the parent fails to get the child to school and the child is considered a “chronic truant,” the district board of residence must file a complaint in the juvenile court jointly against the child and the parent. The complaint must state that the child is a “delinquent child” by virtue of being a “chronic truant,” and that the parent has violated the School Attendance Law.
The Board directs the administration to develop intervention strategies that may include the following:
1. providing a truancy intervention program for a habitual truant;
2. providing counseling for a habitual truant;
3. requesting or requiring a parent having control of a habitual truant to attend parental involvement programs;
4. requesting or requiring a parent of a habitual truant to attend truancy prevention mediation programs;
5. notification to the registrar of motor vehicles or
6. taking appropriate legal action.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3321.03-04; 3321.07-09; 3321.22; 3321.38
3313.663
CROSS REF.: JED, Student Absences and Excuses
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File: JEDB (return to top menu - Section J)
STUDENT DISMISSAL PRECAUTIONS
Permission for a student to leave school when school is in session requires approval by the building or program administrator designated to exercise that authority. In evaluating requests for this permission, he/she gives primary consideration to the best interests of the student and/or public welfare. Requests are not approved without a parent’s permission. When a request originates from a person other than the parent(s), the school official in authority contacts the parent(s) to obtain permission.
[Adoption date: April 17, 2003]
LEGAL REF.: ORC 3313.20
CROSS REFS.: JED, Student Absences and Excuses
JEE, Student Attendance Accounting (Missing and Absent Children)
File: JEE (return to top menu - Section J)
STUDENT ATTENDANCE ACCOUNTING
(Missing and Absent Children)
The Board believes in the importance of trying to decrease the number of missing children; therefore, efforts are made to identify missing children and to notify the proper adults or agencies.
At the time of initial entry into school, a student shall present to the person in charge of admission an official copy of a birth certificate and copies of those records pertaining to him/her which were maintained by the school which he/she most recently attended. In lieu of a birth certificate, birth documentation may include:
1. a passport or attested transcript thereof filed with a registrar of passports at a point of entry of the United States showing the date and place of birth of the child;
2. an attested transcript of the certificate of birth;
3. an attested transcript of the certificate of baptism or other religious record showing the date and place of birth of the child;
4. an attested transcript of a hospital record showing the date and place of birth of the child or
5. a birth affidavit.
If the student does not present copies of the required documents, the principal shall call the school from which the student transferred and request the information. If that district has no record on file of the student or if that district does not send the records within 14 days, the principal shall notify the law enforcement agency having jurisdiction in the area where the student resides of the possibility that the student might be a missing child.
The primary responsibility for supervision of a student resides with his/her parent(s). The staff provides as much assistance as is reasonable to parents with this responsibility.
Parents must notify the school on the day a student is absent unless previous notification has been given in accordance with school procedure for excused absences. The program administrator or his/her designee is also required to notify a student’s parent(s) when the student is absent from school. The parent(s) or other responsible person shall be notified by telephone or written notice, which is mailed on the same day that the student is absent. Parents or other responsible persons shall provide the school with their current home and/or work telephone numbers, home addresses and any emergency telephone numbers.
The Board shall designate the Superintendent to develop informational programs for students, parents and community members relative to the subject of missing children.
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File: JEE
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 109.65
2901.30
3313.205; 3313.672; 3313.96
3319.321; 3319.322
3321.12
3705.05
CROSS REFS.: JEDB, Student Dismissal Precautions
JHF, Student Safety
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File: JFC (return to top menu - Section J)
STUDENT CONDUCT
(Zero Tolerance)
Students are expected to conduct themselves in such a way that they respect and consider the rights of others. Students of the District must conform with school regulations and accept directions from authorized school personnel. The Board has “zero tolerance” of violent, disruptive or inappropriate behavior by its students.
A student who fails to comply with established school rules or with any reasonable request made by school personnel on school property and/or at school-related events is subject to approved student discipline regulations. The Superintendent/designee develops regulations which establish strategies ranging from prevention to intervention to address student misbehavior.
Students and parents receive, at the beginning of each school year or upon entering during the year, written information on the rules and regulations to which they are subject while in school or participating in any school-related activity or event. The information includes the types of conduct which are subject to suspension or expulsion from school or other forms of disciplinary action. The Board directs the administration to make all students aware of the Student Code of Conduct and the fact that any violations of the Student Code of Conduct are punishable. The rules also apply to any form of student misconduct directed at a District official or employee or the property of a District official or employee, regardless of where the misconduct occurs.
If a student violates this policy or the Student Code of Conduct, school personnel, students or parents should report the student to the appropriate building or program administrator. The administration cooperates in any prosecution pursuant to the criminal laws of the state of Ohio and local ordinances.
A student may be expelled for up to one year if he/she commits an act that inflicts serious physical harm to persons or property if it was committed at school, on other school property or at a school activity, event or program.
The Student Code of Conduct is made available to students and parents and is posted in a central location within each building.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3313.20; 3313.534; 3313.66; 3313.661; 3313.662
OAC 3301-35-03
CROSS REFS.: EBC, Emergency Plans
JFCJ, Weapons in the Schools
JG, all subcodes
Student Handbooks
File: JFCF (return to top menu - Section J)
HAZING and BULLYING (Revision 7 17 08)
Hazing means doing any act or coercing another, including the victim, to do any act of intimidation or harassment to any student or other organization that causes or creates a substantial risk of causing mental or physical harm to any person.
Bullying is an intentional written, verbal or physical act that a student has exhibited toward another particular student more than once. The behavior causes both mental or physical harm to the other student and is sufficiently severe, persistent or pervasive that it creates an intimidating, threatening or abusive educational environment for the other student.
Permission, consent or assumption of risk by an individual subjected to hazing and/or bullying does not lessen the prohibition contained in this policy.
Prohibited activities of any type, including those activities engaged in via computer and/or electronic communications devices, are inconsistent with the educational process and are prohibited at all times. No administrator, teacher or other employee of the Board shall encourage, permit, condone or tolerate any hazing and/or bullying activities. No student, including leaders of student organizations, are permitted to plan, encourage or engage in any hazing and/or bullying.
Administrators, teachers and all other Board employees are particularly alert to possible conditions, circumstances or events that might include hazing and/or bullying. If hazing and/or bullying or planned hazing and/or bullying is discovered, involved students are informed by the discovering Board employee of the prohibition contained in this policy and are required to end all hazing and/or bullying activities immediately. All hazing and/or bullying incidents are reported immediately to the Superintendent/designee and appropriate discipline is administered.
The Superintendent/designee must provide the Board President with a semiannual written report of all verified incidents of hazing and/or bullying and post the report on the District’s website.
The administration provides training on the Board's hazing and bullying policy to Board employees and volunteers who have direct contact with students. Additional training is provided to elementary employees in violence and substance abuse prevention and positive youth development.
Board employees, students and volunteers have qualified civil immunity for damages arising from reporting an incident of hazing and/or bullying. Administrators, teachers, other employees and students who fail to abide by this policy may be subject to disciplinary action and may be liable for civil and criminal penalties in compliance with State and Federal law.
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File: JFCF
No one is permitted to retaliate against an employee or student because he/she files a grievance or assists or participates in an investigation, proceeding or hearing regarding the charge of hazing and/or bullying of an individual.
[Adoption date:]
LEGAL REFS.: ORC 117.53
2307.44
2903.31
3301.22
3313.666; 3313.667
3314.03
3319.073
CROSS REF.: AC, Nondiscrimination
EDE, Computer/Online Services (Acceptable Use and Internet Safety)
IIBH, District Web Site Publishing
JFC, Student Conduct (Zero Tolerance)
JFCEA, Gangs
JFCK, Use of Electronic Communications Equipment by Students
JHG, Reporting Child Abuse
Student Handbooks
NOTE: THIS IS A REQUIRED POLICY
FILE: JFCF-R (return to top menu - Section J)
Hazing and Bullying Regulations (New 7 17 08)
The prohibition against hazing, harassment, intimidation or bullying is publicized in student handbooks and in the publications that set the standard of conduct for schools and students in programs directed by the ESC. In addition, information regarding the policy is incorporated into employee handbooks and training materials.
School Personnel Responsibilities and Intervention Strategies
Harassing, hazing, intimidating and/or bullying behavior by any student/school personnel is strictly prohibited, and such conduct may result in disciplinary action, including suspension and/or expulsion from school. Harassment, hazing, intimidation and/or bullying means any intentional written, verbal, graphic or physical acts, including electronically transmitted acts, either overt or covert, by a student or group of students toward other students/school personnel with the intent to haze, harass, intimidate, injure, threaten, ridicule or humiliate. Such behaviors are prohibited on or immediately adjacent to school grounds, at any school-sponsored activity; in any ESC publication; through the use of any Board-owned or operated communication tools, including but not limited to ESC e-mail accounts and/or computers; on school-provided transportation or at any official school bus stop.
Hazing, harassment, intimidation or bullying can include many different behaviors. Examples of conduct that could constitute prohibited behaviors include, but are not limited to:
1. physical violence and/or attacks;
2. threats, taunts and intimidation through words and/or gestures;
3. extortion, damage or stealing of money and/or possessions;
4. exclusion from the peer group or spreading rumors;
5. repetitive and hostile behavior with the intent to harm others through the use of information and communication technologies and other web-based/online sites (also known as “cyber bullying”), such as the following:
A. posting slurs on web sites, social networking sites, blogs or personal online journals;
B. sending abusive or threatening e-mails, web site postings or comments and instant messages;
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File: JFCF-R
C. using camera phones to take embarrassing photographs or videos of students and/or distributing or posting the photos or videos online and
D. using web sites, social networking sites, blogs or personal online journals, e-mails or instant messages to circulate gossip and rumors to other students.
6. excluding others from an online group by falsely reporting them for inappropriate language to Internet service providers.
In evaluating whether conduct constitutes hazing or bullying, special attention is paid to the words chosen or the actions taken, whether such conduct occurred in front of others or was communicated to others, how the perpetrator interacted with the victim and the motivation, either admitted or appropriately inferred.
Teachers and Other School Staff
Teachers and other school staff, who witness acts of harassment, hazing, intimidation and/or bullying, as defined above, promptly notify the building principal/designee of the event observed, and promptly file a written incident report concerning the events witnessed.
Teachers and other school staff who receive student or parent reports of suspected hazing, harassment, intimidation and/or bullying promptly notify the building principal/designee of such report(s). If the report is a formal, written complaint, the complaint is forwarded to the building principal/designee no later than the next school day. If the report is an informal complaint by a student that is received by a teacher or other professional employee, he/she prepares a written report of the informal complaint which is forwarded to the building principal/designee no later than the next school day.
Complaints
1. Formal Complaints
Students and/or their parents or guardians may file reports regarding suspected hazing, harassment, intimidation or bullying. The reports should be written. Such written reports must be reasonably specific including person(s) involved; number of times and places of the alleged conduct; the target of suspected harassment, intimidation and/or bullying and the names of any potential student or staff witnesses. Such reports may be filed with any school staff member or administrator. They are promptly forwarded to the building principal/designee for review and action.
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File: JFCF-R
2. Informal Complaints
Students, parents or guardians and school personnel may make informal complaints of conduct that they consider to be harassment, intimidation and/or bullying by verbal report to a teacher, school administrator or other school personnel. Such informal complaints must be reasonably specific as to the actions giving rise to the suspicion of hazing, harassment, intimidation and/or bullying, including person(s) involved, number of times and places of the alleged conduct, the target of the prohibited behavior(s) and the names of any potential student or staff witness. The school staff member or administrator who receives the informal complaint promptly documents the complaint in writing, including the above information. This written report by the school staff member and/or administrator is promptly forwarded to the building principal/designee for review and action.
3. Anonymous Complaints
Students who make informal complaints as set forth above may request that their name be maintained in confidence by the school staff member(s) and administrator(s) who receive the complaint. The anonymous complaint is reviewed and reasonable action is taken to address the situation, to the extent such action (1) does not disclose the source of the complaint, and (2) is consistent with the due process rights of the student(s) alleged to have committed acts of harassment, hazing, intimidation and/or bullying.
Personnel Responsibilities and Intervention Strategies
1. Teachers and Other Program Staff
Teachers and other school staff, who witness acts of harassment, hazing, intimidation and/or bullying, as defined above, promptly notify the building principal/designee of the event observed and file a written, incident report concerning the events witnessed. Teachers and other school staff who receive student or parent reports of suspected harassment, hazing, intimidation and/or bullying promptly notify the building principal/designee of such report(s). If the report is a formal, written complaint, the complaint is forwarded to the building principal/designee no later than the next school day. If the report is an informal complaint by a student that is received by a teacher or other professional employee, he/she prepares a written report of the informal complaint which is promptly forwarded to the building principal/designee no later than the next school day.
In addition to addressing both informal and formal complaints, school personnel are encouraged to address the issue of harassment, hazing intimidation and/or bullying in other interactions with students.
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File: JFCF-R
Program personnel may find opportunities to educate students about harassment, hazing, intimidation and bullying and help eliminate such prohibited behaviors through class discussions, counseling and reinforcement of socially appropriate behavior. School personnel should intervene promptly whenever they observe student conduct that has the purpose or effect of ridiculing, humiliating or intimidating another student/school personnel, even if such conduct does not meet the formal definition of harassment, hazing, intimidation or bullying.
2. Administrator Responsibilities
A. Investigation
The program administrator is notified of any formal or informal complaint of suspected harassment, hazing, intimidation or bullying. Under the direction of the building principal/designee, all such complaints are investigated promptly. A written report of the investigation is prepared when the investigation is complete. The report includes findings of fact, a determination of whether acts of harassment, hazing, intimidation and/or bullying were verified, and, when prohibited acts are verified, a recommendation for intervention, including disciplinary, action is included in the report. Where appropriate, written witness statements are attached to the report.
Notwithstanding the foregoing, when a student making an informal complaint has requested anonymity, the investigation of such complaint is limited as is appropriate in view of the anonymity of the complaint. Such limitation of the investigation may include restricting action to a simple review of the complaint (with or without discussing it with the alleged perpetrator), subject to receipt of further information and/or the withdrawal by the complaining student of the condition that his/her report be anonymous.
B. Nondisciplinary Interventions
When verified acts of harassment, hazing, intimidation and/or bullying are identified early and/or when such verified acts do not reasonably require a disciplinary response, students may be counseled as to the definition of the behavior, its prohibition and their duty to avoid any conduct that could be considered harassing, hazing, intimidating and/or bullying.
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File: JFCF-R
If a complaint arises out of conflict between students or groups of students, peer mediation may be considered. Special care, however, is warranted in referring some cases to peer mediation. A power imbalance may make the process intimidating for the victim and therefore inappropriate. The victim’s communication and assertiveness skills may be low and could be further eroded by fear resulting from past intimidation and fear of future intimidation. In such cases, the victim should be given additional support. Alternatively, peer mediation may be deemed inappropriate to address the concern.
C. Disciplinary Interventions
When acts of harassment, intimidation and bullying are verified and a disciplinary response is warranted, students are subject to the full range of disciplinary consequences. Anonymous complaints that are not otherwise verified, however, cannot provide the basis for disciplinary action.
In and out-of-school suspension may be imposed only after informing the accused perpetrator of the reasons for the proposed suspension and giving him/her an opportunity to explain the situation.
Expulsion may be imposed only after a hearing before the Board of Education, a committee of the Board or an impartial hearing officer designated by the Board in accordance with Board policy. This consequence is reserved for serious incidents of harassment, intimidation or bullying and/or when past interventions have not been successful in eliminating prohibited behaviors.
Allegations of criminal misconduct are reported to law enforcement, and suspected child abuse is reported to Child Protective Services, per required timelines.
Report to the Parent or Guardian of the Perpetrator
If after investigation, acts of harassment, intimidation and bullying by a specific student are verified, the building principal/designee notifies the parent or guardian of the perpetrator, in writing, of that finding. If disciplinary consequences are imposed against such student, a description of such discipline is included in such notification.
Reports to the Victim and his/her Parent or Guardian
If after investigation, acts of bullying or hazing against a specific student are verified, the building principal/designee notifies the parent/guardian of the victim of the finding. In providing such notification, care must be taken to respect the statutory privacy rights of the perpetrator.
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File: JFCF-R
Bullying matters, including the identity of both the charging party and the accused, are kept confidential to the extent possible. Although discipline may be imposed against the accused upon a finding of guilt, retaliation is prohibited.
Police and Child Protective Services
In addition to, or instead of, filing a complaint through this policy, a complainant may choose to exercise other options including, but not limited to, filing a complaint with outside agencies or filing a private lawsuit. Nothing prohibits a complainant from seeking redress under any other provision of the Ohio Revised Code or common law that may apply.
The Board must also investigate incidents of harassment, hazing, intimidation and/or bullying for the purpose of determining whether there has been a violation of Board policy or regulations, even if law enforcement and/or the public children’s services are also investigating.
All Board personnel must cooperate with investigations by outside agencies.
(Approval date:7 17 08)
File: JFCG (return to top menu - Section J)
TOBACCO USE BY STUDENTS (Revision 6 28 07)
Health professionals have determined that the use of tobacco products can be detrimental to one’s health. The Board wishes to encourage good health practices among the students of this Board. Therefore, the Board prohibits the smoking, use or possession of tobacco in any form including, but not limited to, cigarettes, cigars, clove cigarettes, chewing tobacco, snuff and any other forms of tobacco by any student in any area or vehicle under the control of the Board or at any activity supervised by any school within the Board.
Students and parents are given copies of the standards of conduct and statement of disciplinary sanctions, and notified that compliance with the standards of conduct is mandatory. Disciplinary measures taken against students for violations of this policy comply with the requirements of State law and related Board policies.
Adopted 6.28.07
LEGAL REFS.: The Elementary and Secondary Education Act; 20 USC 1221 et seq.
Goals 2000: Educate America Act; 20 USC 6081 through 6084
ORC 3313.66; 33 13.661; 33 13.751
3794.01; 3794.02; 3794.03(F); 3794.04; 3794.06
OAC 3301-35-02; 3301-35-04
CROSS REFS.: JFA, Student Due Process Rights
CROSS REFS.: JFC, Student Conduct (Zero Tolerance)
JGD, Student Suspension
JGE, Student Expulsion
Student Handbooks
File: JFCH/JFCI (return to top menu - Section J)
ALCOHOL USE BY STUDENTS/STUDENT DRUG ABUSE
The Board recognizes its share of the responsibility for the health, welfare and safety of the students who attend the District’s schools. The Board is concerned about the problems of alcohol and drug abuse and recognizes that illegal or inappropriate use of alcohol, narcotic drugs, depressants or other controlled substances is wrong and harmful and constitutes a hazard to the positive development of all students.
The Board does not permit any student to possess, transmit, conceal, offer for sale, consume, show evidence of having consumed or used any alcoholic beverages, illegal drugs, unprescribed drugs, look-alike drugs or any mind-altering substance while on school grounds or facilities; at school-sponsored events; in other situations under the authority of the District or in school-owned or school-approved vehicles. Included in this prohibition are any substances represented as a controlled substance, nonalcoholic beers, steroids, tobacco and tobacco products and drug paraphernalia.
The Board wishes to emphasize the following.
1. A student is required to obey existing laws on school grounds and while involved in school activities. School authorities have the same responsibility as any other citizen to report violations of the law. The final disposition of any problem, however, is determined by the program administrator with due consideration of the welfare of the student and of any other relevant factors involved.
2. Discipline is imposed independent of court action. Students are subject to immediate suspension or expulsion proceedings for possession or use of illegal drugs or alcoholic beverages.
3. Parents and students are given a copy of the standards of conduct and the statement of disciplinary sanctions and are notified that compliance with the standards of conduct is mandatory.
4. If conditions warrant, the administration refers the student for prosecution and offers full cooperation in a criminal investigation.
5. A reduction in penalty may be considered if the student receives professional assistance. Professional assistance may include but not be limited to an alcohol/drug education program; assessment with follow-through based on the assessment findings, counseling, outpatient treatment or inpatient treatment.
The Superintendent establishes and the Board considers for approval detailed procedures for dealing with students who may have a drug or alcohol problem. These procedures are in compliance with all applicable laws and observed by all staff members. It is the desire of the Board for students with problems to feel secure enough to ask for help from their teachers or counselors without fear of reprisal. Confidentiality shall be maintained within the limits of the law. The long-range welfare of the student is paramount.
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File: JFCH/JFCI
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 2925.01; 2925.37
3313.66; 3313.661
3719.011; 3719.41
CROSS REFS.: IGAG, Drugs, Alcohol and Tobacco Education
JHCD, Administering Medicines to Students
Student Handbooks
Student Code of Conduct
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File: JFCJ (return to top menu - Section J)
WEAPONS IN THE SCHOOLS
The Board is committed to providing the students of the District with an educational environment which is free of the dangers of firearms, knives and other weapons.
The definition of a firearm is any weapon (including a starter gun) which is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer or any destructive device (as defined in 18 U.S.C.A. Section 921), which includes any explosive, incendiary or poisonous gas, bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine or device similar to any of the devices described above. A knife is defined as a cutting instrument having a sharp blade.
The Board prohibits students from knowingly possessing an object on school premises, in a school or a school building, at a school activity or on a school vehicle if both of the following apply.
1. The object is indistinguishable from a firearm, whether or not the object is capable of being fired.
2. The person indicates that the person possesses the object and that it is a firearm, or the person knowingly displays or brandishes the object and indicates that it is a firearm.
As defined by State law and for purposes of this policy, an “object that is indistinguishable from a firearm” means an object made, constructed or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm.
Students found in violation of numbers 1 and 2 above may be reported to the local law enforcement authority and may be prosecuted under State criminal statutes, as well as disciplined in accordance with the provisions of the District’s Student Code of Conduct and State law.
Students in Service Center Programs who violate this policy are referred to the district of residence for disciplinary action.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 2923.122
3313.66; 3313.661; 3313.662
3321.13
18 USC 921
20 USC 2701 et seq. - Title IX 9001-9005
20 USC 8921
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File: JFCJ
CROSS REFS.: JFC, Student Conduct
JGDA, Emergency Removal of Student
Student Code of Conduct
2 of 2
File: JFCL (return to top menu - Section J)
UNSAFE SCHOOLS
(Persistently Dangerous Schools)
The Board complies with State and Federal law in adopting a policy on persistently dangerous schools.
Beginning in the 2004-2005 school year, a student attending a “persistently dangerous” school in this District or who becomes a victim of a “violent criminal offense,” “as determined by State law”, anywhere on District “grounds” or during school-sponsored activities is allowed to attend another school in the District that is not persistently dangerous that offers instruction at the student’s grade level. However, there is no transfer option if there is no other school in this District that offers instruction at the student’s grade level.
A “persistently dangerous” school is defined by State law as a school that has two or more violent criminal offenses in or on school grounds, per 100 students, in each of two consecutive school years. In schools with 300 or fewer students enrolled, six or more violent criminal offenses must occur. Likewise, if a school has 1350 or more students enrolled, 27 or more violent criminal offenses must occur in each of two consecutive school years.
“Violent criminal offense” refers to any violent criminal offense set forth and defined in State law as violent in nature.
“As determined by State law” means that the student has been identified as the victim and the perpetrator has pled guilty to, been adjudicated or convicted of a violent criminal offense in an Ohio court.
“Grounds” includes school bus transportation to and from school and school-sponsored activities and designated bus stops.
[Adoption date: April 17, 2003]
LEGAL REF.: The Elementary and Secondary Education Act; 20 USC 1221 et seq.
CROSS REF.: Student Handbooks
File: JFG (return to top menu - Section J)
INTERROGATIONS AND SEARCHES
The Service Center has responsibility for the control and management of students during the school day and hours of approved extracurricular activities. While discharging its responsibility, the administration is to make an effort to protect each student’s rights with respect to interrogations by law enforcement officials. The administration has developed regulations to be followed in the case of searches and interrogations.
The right to inspect students’ school lockers or articles carried upon their persons and to interrogate an individual student is inherent in the authority granted school boards. All searches are conducted sparingly and only when such search is reasonably likely to produce tangible results to preserve discipline and good order and the safety and security of persons and their property within the area of the school’s responsibility.
Student lockers are the property of the District, and since random searches have a positive impact on reducing drugs and other criminal activity, it is the policy of the Board to permit the building administrator to search any locker and its contents as the administrator believes necessary. Such notice will be posted at or near the entrance to the school grounds and at the main entrance to each school building.
The Board directs the Superintendent to authorize the use of dogs trained in detecting the presence of drugs. The dogs may be used to patrol the school facilities and grounds, including the lockers and parking areas. Use of dogs may be unannounced and random. If a trained canine alerts to a particular vehicle, locker or other container, it shall create reasonable suspicion to search that vehicle, locker or container in accordance with this policy.
[Adoption date: April 17, 2003]
LEGAL REFS.: U.S. Const. Amend. IV
ORC 3313.20
CROSS REF.: JHG, Reporting Child Abuse
File: JFG-R (return to top menu - Section J)
INTERROGATIONS AND SEARCHES
Searches of School Property Assigned to a Student
The following rules apply to the search of school property assigned to a student (locker, desk, etc.) and the seizure of items in his/her possession.
1. General housekeeping inspection of school property may be conducted with reasonable notice. Random searches of lockers may be conducted.
2. A search of a desk or other storage space may be conducted when there exists reasonable cause for school authorities to believe that the area being searched contains evidence of a crime or violation of school rules.
3. Search of an area assigned to a student should be for a specifically identified item and should be conducted in his/her presence and with his/her knowledge.
4. Items, the possession of which constitutes a crime or violation of school rules, or any other possessions reasonably determined to be a threat to the safety or security of others may be seized by school authorities at any time.
Searches of a Student’s Person or Personal Property by School Personnel
Principals and their designees are permitted to search the person and personal property (purse, backpack, gym bag, etc.) of a student where there is reason to believe that evidence will be obtained indicating the student’s violation of either the law or school rules. The following rules apply in such cases.
1. There should be reasonable cause to believe that the search results in obtaining evidence which indicates the student’s violation of the law or school rules.
2. Searches of a student’s person are conducted by a member of the same gender as the student.
3. Searches are conducted in the presence of another administrator or staff member.
4. Parents of a minor student who is the subject of a search are notified of the search and are given the reason(s) for the search as soon as feasible after completion of the search.
5. When evidence is uncovered indicating that a student may have violated the law, law enforcement officials shall be notified.
6. Strip searches should be discouraged. A substantially higher degree of certainty (more than a reasonable belief) is required prior to conducting such a search. In cases in which school officials believe a strip search is necessary, law enforcement officials should be called to conduct the search.
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File: JFG-R
Searches of Student Property by Law Enforcement Officials
A law enforcement agency is required to produce a warrant prior to conducting any search of a student’s personal property kept on school premises. When the law enforcement officials have reason to believe that any item which might pose an immediate threat to the safety or security of others is kept in a student locker, desk or other storage space, searches may be conducted without a previously issued warrant.
Interrogations by Law Enforcement Officials
The schools have legal custody of students during the school day and during hours of approved extracurricular activities. It is the responsibility of the school administration to try to protect each student under its control. Therefore, the following steps shall be taken.
1. The questioning of students by law enforcement agencies is limited to situations where parental consent has been obtained or the school official has made an independent determination that reasonable grounds exist for conducting an interrogation during school hours.
2. Whenever possible, law enforcement officials should contact and/or question students out of school. When it is absolutely necessary for an officer to make a school contact with a student, the school authorities bring the student to a private room and the contact is made out of the sight of others as much as possible.
3. The program administrator must be notified before a student may be questioned in school or taken from a classroom.
4. To avoid possible criticism, a school official requests to be present when an interrogation takes place within the school.
5. When law enforcement officials remove a child from school, the administration will make an attempt to notify the parent(s).
6. Law enforcement officials should always be notified by the program administrator whenever a student is involved in any type of criminal activity.
(Approval date: April 17, 2003)
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File: JGA (return to top menu - Section J)
CORPORAL PUNISHMENT
The Ohio Revised Code allows boards of education to ban the use of corporal punishment and this Board does not believe such punishment to be suitable. Corporal punishment is prohibited and shall not be used as a form of discipline in the District. The Board expects the administration, faculty and staff to use other forms of discipline, counseling and referral, including communication and meetings with the parents to promote appropriate, positive behavior.
A student who fails to comply with established school rules or with any reasonable request made by school personnel on school property and/or at school-related events is dealt with according to approved student discipline regulations.
Teachers, principals, administrators and classified staff are authorized by law to use, within the scope of their employment, “such amount of force and restraint as is reasonable and necessary to quell a disturbance threatening physical injury to others, to obtain possession of weapons or other dangerous objects, for the purpose of self-defense, or for the protection of persons or property.”
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3313.20
3319.41
CROSS REFS.: ECAB, Vandalism
Student Code of Conduct
Student Handbooks
File: JGDA (return to top menu - Section J)
EMERGENCY REMOVAL OF STUDENT
If a student’s presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, the Superintendent or program administrator employed to direct, supervise or coach a student activity program may remove the student from the premises.
If either suspension or expulsion is contemplated, a due process hearing is held in collaboration with district of residence personnel within three school days after the removal is ordered. Written notice of the hearing and the reason for removal and any intended disciplinary action is given to the student as soon as practicable prior to the hearing. The student has the opportunity to appear at an informal hearing before the principal, assistant principal and Superintendent/designee and has the right to challenge the reasons for the removal or otherwise explain his/her actions. The person who ordered or requested the removal is present at the hearing. Within one school day of the decision to suspend, written notification is given to the parent(s) of the student and Treasurer of the Board. This notice includes the reasons for the suspension and the right of the student or parent(s) to appeal to the Superintendent/designee.
If the Superintendent or principal reinstates a student prior to the hearing for emergency removal, the teacher may request, and is given, written reasons for the reinstatement. The teacher cannot refuse to reinstate the student.
In an emergency removal, a student can be kept from class until the matter of the alleged misconduct is disposed of either by reinstatement, suspension or expulsion.
In all cases of normal disciplinary procedures in which a student is removed from a curricular or extracurricular activity for less than 24 hours and is not subject to further suspension or expulsion, due process requirements do not apply.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC Chapter 2506
3313.66; 3313.661; 3313.662
CROSS REFS.: ECAB, Vandalism
JFCJ, Weapons in the Schools
File: JHCA (return to top menu - Section J)
File: JHCB (return to top menu - Section J)
INOCULATIONS OF STUDENTS
Immunization against diphtheria, pertussis, tetanus, poliomyelitis, rubeola, rubella and mumps is required for each student unless the parent(s) file an objection. The Board also requires tuberculosis examinations for new foreign-born students of any age who have arrived in the United States within the last five years.
Students eligible for preschool and kindergarten and students new to the District must present written evidence of similar immunizations, or written evidence to indicate that they are in the process of receiving such immunizations, to be completed no later than the day of entrance. Students entering the seventh grade must present evidence of an MMR booster. Students failing to complete such immunizations within 14 days after entering are not permitted to return to school.
All kindergarten students are required to receive hepatitis B immunizations.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3313.67; 3313.671; 3313.71; 3313.711
3701.13
File: JHCC (return to top menu - Section J)
COMMUNICABLE DISEASES
All students with signs or symptoms of diseases suspected as being communicable to others are given immediate attention and sent home if such action is indicated.
Parents are informed when a communicable disease occurs in their child’s classroom or on the bus so that early signs or symptoms can be observed and appropriate preventive measures can be instituted.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3313.67; 3313.68; 3313.71
3319.321
3707.04; 3707.06; 3707.08; 3707.20; 3707.21; 3707.26
File: JHCD (return to top menu - Section J)
ADMINISTERING MEDICINES TO STUDENTS
Many students are able to attend school regularly only through effective use of medication in the treatment of disabilities or illnesses that do not hinder the health or welfare of others. If possible, all medication should be given by the parent(s) at home. If this is not possible, it is done in compliance with the following.
1. The school nurse or an appropriate person appointed by the Board supervises the secure
and proper storage and dispensation of medications. The drug must be received in the
container in which it was dispensed by the prescribing physician or others licensed to
prescribe medication.
2. The school nurse or other designated individual must receive and retain a statement which complies with State law and is signed by the physician who prescribed the drug or other person licensed to prescribe medication.
3. The parent(s) must agree to submit a revised statement, signed by the physician or other
licensed individual who prescribed the drug, to the nurse or other designated individual if any of the information originally provided by the physician or licensed individual changes.
4. No employee who is authorized by the Board to administer a prescribed drug and who has a copy of the most recent statement is liable in civil damages for administering or failing to administer the drug, unless he/she acts in a manner which would constitute “gross negligence or wanton or reckless misconduct.”
5. No person employed by the Board is required to administer a drug to a student except
pursuant to requirements established under this policy. The Board shall not require an
employee to administer a drug to a student if the employee objects, on the basis of religious convictions, to administering the drug.
Inhalers for Asthma
Students have the right to possess and use a metered-dose inhaler or a dry-powder inhaler to alleviate asthmatic symptoms or before exercise to prevent the onset of asthmatic symptoms. The right applies at school or at any activity, event or program sponsored by or in which the student’s school is a participant.
In order for a student to possess the inhaler, he/she must have written approval from the student’s physician and parent or other caretaker. The principal and/or the school nurse must have received copies of these required written approvals.
Epinephrine Autoinjectors
Students are permitted to carry and use an epinephrine autoinjector (epi-pen) to treat anaphylaxis (severe allergic reactions). The right to carry and use an epi-pen extends to any activity, event or program sponsored by the student’s school or activity, event or program in which the school participates.
Student possession of an epi-pen is permitted only if the student has written approval from the prescriber of the medication and, if a minor, from his/her parent. Written approval must be on file with the principal and, if one is assigned, the school nurse. In addition, the principal or school nurse must receive a backup dose of the medication from the parent or student.
[Adopted:] June 28, 2007
LEGAL REFS.: ORC 2305.23; 2305.23 1
3313.64; 3313.712; 3313.713; 3313.716; 3313.718
3314.03; 33 14. 141
OAC 3301-35-06
CROSS REFS.: EBBA, First Aid
CROSS REFS.: JFCH, Alcohol Use by Students
JFCI, Student Drug Abuse
NOTE: This policy must be accompanied by regulations formally adopted by the Board of Education which enumerate in more specific terms the requirements of ORC Section 3313.713.
THIS IS A REQUIRED POLICY
File: JHCD-R (return to top menu - Section J)
ADMINISTERING MEDICINES TO STUDENTS (Revision Epinephrine Autoinjectors 6 28 07)
Student possession of an epi-pen is permitted only if the student has written approval from the prescriber of the medication and, if a minor, from his/her parent. Written approval must be on file with the principal and, if one is assigned, the school nurse. In addition, the principal or school nurse must receive a backup dose of the medication from the parent or student.
The prescriber’s written approval must specify at least the following information.
1. student’s name and address;
2. names and dose of the medication contained in the autoinjector;
3. the date the administration of the medication is to begin and, if known, the date the administration of the medication is to cease;
4. acknowledgement that the prescriber has determined that the student is capable of possessing and using the epi-pen appropriately and has provided the student with training in the proper use of the epi-pen;
5. circumstances in which the epi-pen should be used;
6. written instructions that outline procedures school personnel should follow if the student is unable to administer the medication or the medication does not produce the expected relief from the student’s anaphylaxis (allergic response);
7. any severe reaction that:
A. the student may experience that should be reported to the prescriber or
B. that may occur to another student for whom the medication is not prescribed, if that
student receives a dose of the medication;
8. at least one emergency telephone number each for contacting the prescriber and the parent and
9. Any other special instructions from the prescriber.
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File: JHCD-R
Whenever a student is administered epinephrine at school or at an activity, event or program sponsored by the school or in which the school is a participant, a school employee must immediately request assistance from an emergency medical service provider. Request for medical assistance applies whether the student self-administers the medication or a school employee administers it to the student.
The Board and Board employees are not liable for damages in a civil action for injury, death or loss to person or property allegedly arising if:
1. a school employee prohibits a student from using an epi-pen because he/she has a good faith belief that the conditions for carrying and using the medication have not been satisfied;
2. a school employee permits a student to carry and use an epi-pen because of the good faith that the conditions have been satisfied or
3. In instances in which a student is rightfully permitted to carry an epi-pen, the use of the medication by a student for whom it was not prescribed.
All immunities granted to schools under the sovereign immunity law or any other law applies.
Adopted 6.28.07
NOTE: THIS IS A REQUIRED REGULATION
File: JHF (return to top menu - Section J)
STUDENT SAFETY
The objectives of safety instruction in the District include:
1. learning how to practice safety and prevent accidents;
2. learning how to safely use and properly care for tools and equipment so as to reduce the potential for accidents;
3. developing habits of good housekeeping, proper storage and handling of materials, and sanitation;
4. becoming familiar with personal protection devices and the proper clothing to be worn for safety purposes and
5. learning how to cooperate with others in the promotion and operation of a safety program in the schools and on school vehicles.
Instruction in courses in industrial technology, science, family consumer science, art, physical education, health and safety includes and emphasizes safety and accident prevention.
Safety instruction precedes the use of materials and equipment by students in the courses listed above, and instructors teach and enforce all safety rules established for the particular courses. These include the wearing of personal protective devices in appropriate situations.
Staff members instruct students not to accept gifts or automobile rides from strangers. Students are also instructed to tell staff members, parents, law enforcement officials or school safety patrols of any suspicious strangers in or around school property.
The Board provides instruction in personal safety and assault prevention in grades kindergarten through 6. Upon the written request of a parent, a student shall be excused from such instruction.
In an attempt to further ensure student safety, staff members:
1. shall not send students on errands that would require the student to leave school property and/or drive a vehicle;
2. shall not disclose information concerning a student, other than directory information, to any person not authorized to receive such information. This includes, but is not limited to, information concerning assessments, ability scores, grades, behavior, mental or physical health and/or family background and
3. shall, pursuant to law and Board policy, immediately report any suspected signs of child abuse or neglect.
Buildings are inspected annually to detect and remedy health and safety hazards. Staff members shall immediately report to the building administrator any accident or safety hazard he/she detects. The Superintendent is authorized and directed to develop appropriate means for the implementation of this policy.
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File: JHF
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3313.60; 3313.643; 3313.96
3705.05
3737.73
4107.31
OAC 3301-35-03
CROSS REFS.: AFI, Evaluation of Educational Resources
EB, Safety Program
JEE, Student Attendance Accounting (Missing and Absent Children)
JHG, Reporting of Child Abuse
JHH, Notification About Sex Offenders
File: JHG (return to top menu - Section J)
REPORTING CHILD ABUSE (Revision HB 190 - 7 17 08)
All employees of the Board who know or suspect that a child under 18 years of age or a disabled child under 21 years of age has suffered or is suffering any type of abuse or neglect are required to immediately report such information to the public children services agency or the local law enforcement agency.
To ensure prompt reports, procedures for reporting are made known to the staff. A person who participates in making such reports is immune from any civil or criminal liability, provided the report is made in good faith.
The Board directs the Superintendent/designee to develop a program of in-service training in child abuse prevention for all elementary school nurses, teachers, counselors, psychologists and administrators. This program is developed in consultation with public or private agencies or persons involved in child abuse prevention or intervention programs.
Each person employed by the Board to work as an elementary school nurse, teacher, counselor, psychologist or administrator shall complete at least four hours of in-service training in child abuse prevention, violence and substance abuse and the promotion of positive youth development within two years of commencing employment with the district, and every five years thereafter.
Conversely, public children’s services agencies must notify the Superintendent of any allegations of child abuse and neglect reported to them involving the District, as well as the disposition of the investigation.
[Adoption date:] July 17, 2008 Proposed, Replacement
LEGAL REFS.: ORC 2151.011; 2151.421
3313.662
3319.073
THIS IS A REQUIRED POLICY
LEGAL REFS.: ORC 2151.421
3319.073
File: JHH (return to top menu - Section J)
NOTIFICATION ABOUT SEX OFFENDERS
Megan’s Law requires certain sexual predators and sex offenders to register with the sheriff in the county of their residence. In some circumstances the sheriff notifies the Superintendent that a sexual predator or habitual sex offender has moved into the area.
If the Superintendent receives information from the sheriff or the district superintendent concerning a sexual predator or habitual sex offender subject to community notification, the Superintendent disseminates the information regarding the sexual predator or habitual sex offender to employees whose duties include supervision of or responsibility for students. Employees who receive the information are instructed to promptly notify the Superintendent if the sexual predator or habitual sex offender is observed in the vicinity of the school. The Superintendent notifies the local law enforcement agency if, in the judgment of the Superintendent, the presence of the sexual predator or habitual sex offender appears to be without a legitimate purpose or otherwise creates concern for the safety of the students. The law enforcement agency evaluates the situation and takes whatever action it deems appropriate. The law enforcement agency informs the Superintendent of any action taken and may provide advice regarding any additional action which the Superintendent should consider taking.
If the Superintendent receives information from the sheriff concerning a sexual predator or habitual sex offender subject to community notification, the Superintendent may inform parents, guardians and adult students that he/she has received notice that a sexual predator or habitual sex offender is residing within the District and that certain information concerning the offender is public record and is open to inspection at the office of the sheriff with whom the offender has registered.
If the Superintendent receives information from the sheriff concerning a sexual predator or habitual sex offender subject to community notification, he/she shall not release any other information and shall direct any inquiries to the office of the sheriff with whom the offender has registered.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC Chapter 2950, Section 149.93
OAC Chapter 109:5-2
CROSS REF.: GBQ, Criminal Record Check
File: JL (return to top menu - Section J)
STUDENT GIFTS AND SOLICITATIONS
There are differences in the economic status of families represented by the students in the District, and the Board wishes to avoid any embarrassment to students or hardship on families which lack financial resources. The Board does not wish to burden the community with numerous, repeated solicitations by the students.
The following guidelines are in effect.
1. Teachers discourage gifts from students. Notes of appreciation are appropriate.
2. Charity or general solicitations from students are permitted only after written approval has been given by the Superintendent/designee. The Superintendent/designee annually approves all solicitations which are permitted in the schools.
3. There is no solicitation of money from local industry, businesses, District residents, parents or by any school organization without the approval of the Superintendent/designee. All solicitations and fund-raising activities by student groups must be in compliance with the District’s policy on student fund-raising activities.
4. Permission is never given for the school to sponsor nonschool fund raisers or to provide for student involvement in such activities.
[Adoption date: April 17, 2003]
LEGAL REF.: ORC 3313.20
CROSS REFS.: GBI, Staff Gifts and Solicitations
IGDF, Student Fund-Raising Activities
KI, Public Solicitations in the Schools
KJ, Advertising in the Schools
File: JM (Also GBH) (return to top menu - Section J)
STAFF-STUDENT RELATIONS
The relationship between the District’s staff and students must be one of cooperation, understanding and mutual respect. Staff members have a responsibility to provide an atmosphere conducive to learning and to motivate each student to perform to his/her capacity.
Staff members should strive to secure individual and group discipline, and should be treated with respect by students at all times. By the same token, staff members should extend to students the same respect and courtesy that they, as staff members, have a right to demand.
Although it is desired that staff members have a sincere interest in students as individuals, partiality and the appearance of impropriety must be avoided. Excessive informal and/or social involvement with individual students is prohibited. Such conduct is not compatible with professional ethics and, as such, will not be tolerated.
Staff members are expected to use good judgment in their relationships with students both inside and outside of the school context including, but not limited to, the following guidelines.
1. Staff members shall not make derogatory comments to students regarding the school and/or its staff.
2. The exchange of purchased gifts between staff members and students is discouraged.
3. Staff-sponsored parties at which students are in attendance, unless they are a part of the school’s extracurricular program and are properly supervised, are prohibited.
4. Staff members shall not fraternize, written or verbally, with students except on matters that pertain to school-related issues.
5. Staff members shall not associate with students at any time in any situation or activity which could be considered sexually suggestive or involve the presence or use of tobacco, alcohol or drugs.
6. Dating between staff members and students is prohibited.
7. Staff members shall not use insults or sarcasm against students as a method of forcing compliance with requirements or expectations.
8. Staff members shall maintain a reasonable standard of care for the supervision, control and protection of students commensurate with their assigned duties and responsibilities.
9. Staff members shall not send students on personal errands.
10. Staff members shall, pursuant to law and Board policy, immediately report any suspected signs of child abuse or neglect.
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File: JM (Also GBH)
11. Staff members shall not attempt to counsel, assess, diagnose or treat a student’s personal problem relating to sexual behavior, substance abuse, mental or physical health and/or family relationships but, instead, should refer the student to the appropriate individual or agency for assistance.
12. Staff members shall not disclose information concerning a student, other than directory information, to any person not authorized to receive such information. This includes, but is not limited to, information concerning assessments, ability scores, grades, behavior, mental or physical health and/or family background.
[Adoption date: April 17, 2003]
CROSS REFS.: GBCA, Staff Conflict of Interest
GBCB, Staff Conduct
GBI, Staff Gifts and Solicitations
JHG, Reporting Child Abuse
JL, Student Gifts and Solicitations
JO, Student Records
KBA, Public’s Right to Know
CONTRACT REF.: Mahoning County Educational Service Center Employees’ Association
2 of 2
File: JN (return to top menu - Section J)
STUDENT FEES, FINES AND CHARGES
Materials Fees
Students enrolled in District schools are furnished basic textbooks without cost. However, a fee for consumable materials and supplies used in the instructional program is established at the beginning of each school year and may vary as the cost of materials and supplies fluctuates. Such fees are to be deposited in the rotary operating funds of the Board to defray the cost of the materials and supplies.
Fines
When school property, equipment or supplies are damaged, lost or taken by individuals, a fine is assessed. The fine is reasonable, seeking only to compensate the school for the expense or loss incurred.
The late return of borrowed books or materials from the school libraries is subject to appropriate fines.
All fines collected are sent to the Treasurer for deposit in the general fund of the Board.
Collection of Student Fees and Fines
The administration may establish regulations for the collection of student fees and fines.
[Adoption date: April 17, 2003]
LEGAL REFS.: ORC 3313.642
3329.06
CROSS REF.: IGCB, Experimental Programs
File: JO (return to top menu - Section J)
STUDENT RECORDS
In order to provide students with appropriate instruction and educational services, it is necessary for the District to maintain extensive educational and personal information. It is essential that pertinent information in these records be readily available to appropriate school personnel, be accessible to the student’s parent(s) or the student in compliance with law, and yet be guarded as confidential information.
The Superintendent is responsible for the proper administration of student records in keeping with State law and federal requirements and the procedures for the collection of necessary information about individual students throughout the District.
Upon request, all records and files included in the student’s cumulative file are available to parent(s) or the student (if he/she is over 18 years of age). This request must be in writing and is granted within seven calendar days. No records are to be removed from the school. An administrator, teacher or other qualified school personnel must be present to explain any of the tests or other material.
All rights and protections given to parents under law and this policy transfer to the student when he/she reaches age 18 or enrolls in a postsecondary school. The student then becomes an “eligible student.”
The District provides notice to parents and eligible students annually, in accordance with the procedures set forth under administrative regulations, of the rights held by parents and eligible students under law and this policy. It is the intent of the District to limit the disclosure of information contained in the student’s education records except:
1. by prior written consent;
2. as directory information and
3. under other limited circumstances, as enumerated under administrative regulations.
The following rights exist:
1. the right to inspect and review the student’s education records;
2. the right, in accordance with administrative regulations, to seek to correct parts of the student’s education records, including the right to a hearing if the school authority decides not to alter the records according to the parent(s)’ or eligible student’s request;
3. the right of any person to file a complaint with the U.S. Department of Education if the District violates relevant Federal law, specifically the Family Educational Rights and Privacy Act (FERPA) and
4. the right to acquire information concerning the procedure which the parent(s) or eligible student should follow to obtain copies of this policy, the locations from which these copies may be obtained, as well as any fees to be charged for such copies. *(See administrative regulations.)
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File: JO
The District proposes to designate the following personally identifiable information contained in a student’s education records as “directory information.”
1. student’s name
2. student’s address
3. telephone number(s)
4. student’s date and place of birth
5. participation in officially recognized activities and sports
6. student’s achievement awards or honors
7. student’s weight and height, if a member of an athletic team
8. major field of study
9. dates of attendance (“from and to” dates of enrollment)
10. date of graduation
The above information is disclosed without prior written, except when the request is for a profit-making plan or activity. Student records that consist of “personally identifiable information” generally are exempt from disclosure. Student directory information, however, is released unless the parents have affirmatively withdrawn their consent to release in writing.
Administrative regulations set forth a procedure for annual notification to parents and eligible students of the District’s definition of directory information. Parents or eligible students then have two weeks in which to advise the District, in accordance with such regulations, of any or all items which they refuse to permit as directory information about that student.
To carry out their responsibilities, school officials have access to student education records for legitimate educational purposes. The District uses the criteria set forth under administrative regulations to determine who are “school officials” and what constitutes “legitimate educational interests.”
Other than requests as described above, school officials release information from, or permit access to, a student’s education records only with the prior written consent of a parent or eligible student, except that the Superintendent or a person designated in writing by the Superintendent may permit disclosure in certain limited circumstances outlined under administrative regulations (e.g., transfers to another school district or to comply with judicial order or subpoena or where warranted, in a health or safety emergency, etc.).
The District maintains, in accordance with administrative regulations, an accurate record of all requests to disclose information from, or to permit access to, a student’s education records and of information disclosed and access permitted.
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[Adoption date: April 17, 2003]
LEGAL REFS.: Family Educational Rights and Privacy Act; 20 USC Section 1232g
ORC 149.41; 149.43
1347.01 et seq.
3317.031
3319.32; 3319.321; 3319.33
3321.12; 3321.13
3331.13
OAC 3301-35-02(B)(4)(b); 3301-35-03(E)
CROSS REFS.: AFI, Evaluation of Educational Resources
KBA, Public’s Right to Know
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File: JOA (return to top menu - Section J)
STUDENT SURVEYS
The Board recognizes the importance of maintaining student records and preserving their confidentiality. Student records containing personally identifiable information are kept confidential at collection, storage, disclosure and destruction stages. Boards that receive funds under any applicable program must provide reasonable notice to parents at the beginning of each school year that their children may be involved in Board-approved third party surveys. The school must also give parents the opportunity to opt their child out of the activity. A student shall not be required, as part of any applicable program, to submit to a survey, analysis or evaluation that reveals information concerning:
1. political affiliations or beliefs of the student or the student's parent;
2. mental or psychological problems of the student that are "potentially embarrassing" to the student or the student's family"
3. sex behavior or attitudes;
4. illegal, anti-social, self-incriminating or demeaning behavior;
5. critical appraisals of other individuals with whom respondents have close family relationships;
6. legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers;
7. religious practices, affiliations or beliefs of the students or student's parent, or
8. income (other than that required by law to determine eligibility for participation in a program and/or for receiving financial assistance under such program).
Parents have a right to inspect a survey created by a third party before that survey is administered by the school to students. Parents are notified by the school when a survey is to be administered and will have at least two weeks to review the materials.
In order to protect student privacy rights when a school survey is to be administered that contains one of the prohibited eight items identified in this policy, parents have the right to inspect the survey. If parents do not want their child to be a participant in the survey, they must notify the school.
The collection, disclosure or use of student personal information for the purpose of marketing or selling that information, or providing the information to others for that purpose, is prohibited. This does not include personal information collected for the exclusive purpose of developing, evaluating, or providing educational products or services for or to students or educational institutions such as:
1. postsecondary institutions or military recruiters;
2. book clubs, magazines and programs providing access to low-cost literary products;
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3. curriculum and instructional materials used by K-12 schools;
4. tests and assessments used by grades K-12 to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students, or to generate other statistically useful data for the purpose of securing these tests and assessments, and the subsequent analysis and public release of the aggregate data from these tests and assessments;
5. the sale by students of products or services to raise funds for school or education-related activities or
6. student recognition program.
For specific events, the school must notify the parents annually of the projected or approximate dates of the following activities:
1. the collection, disclosure or use of student personal information for the purpose of marketing or selling that information, or providing the information to others for that purpose;
2. the administration of a survey containing any of the eight items identified in this policy and
3. annually, the District will notify parents of physical exams or screenings conducted on students except for vision, hearing or scoliosis.
[Adoption date: April 17, 2003]
LEGAL REFS.: The Elementary and Secondary Education Act; 20 USC 1221 et seq.
USA Patriot Act, Sec. 507, P.L. 107-56
Family Educational Rights and Privacy Act; 20 USC Sec. 1232g
ORC 149.41; 149.43
1347.01 et seq.
3317.031
3319.32; 3319.321; 3319.33
3321.12; 3321.13
3331.13
OAC 3301-35-02; 3301-35-03
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